Hartsoe & Associates, P.C.
Schedule a consultation
Strong legal counsel through life's biggest challenges.

Are you ready to move forward with a divorce?

At this time of the year, the thoughts of many married individuals are consumed with making dinner reservations, ordering gifts, buying cards or making special arrangements for Valentine's Day. Still others, however, are consumed by doubts over the future of their marriage, their concerns amplified by this designated "day of love."

Regardless of whether a person reaches the decision to pursue a divorce next Tuesday or anytime thereafter, he or she will undoubtedly want to know more about the road ahead. As such, today's post will start exploring the divorce process here in North Carolina.

What's the difference between a separation and a divorce?

A divorce is the process by which a person legally dissolves their marriage through the court system, and reaches formal agreements concerning everything from child custody and child support to property division and alimony. It requires, at a minimum, the filing of documents with the court, payment of filing fees and attendance at a scheduled hearing.

Separation, on the other hand, is simply the act of a husband and wife living apart from one another. There is no need to file for separation or secure a court order authorizing separation.

Why does separation matter then for the purposes of divorce?

It matters because there are essentially two grounds for divorce here in the Tar Heel State: incurable insanity of one spouse and separation for three years, or separation for one year. As you might imagine, the overwhelming majority of divorces are carried out based on this latter ground.

As far as the one year of separation is concerned, the spouses must have lived separate and apart (i.e., not living under the same roof), and at least one of them must have done so with the intent to remain as such.

Are there any other requirements to secure a divorce?

Those looking to secure a divorce based on one year of separation will only be able to do so if the above referenced criteria is satisfied and at least one spouse has been a resident of North Carolina for a minimum of six months.

What about fault?

It is unnecessary for either spouse to prove fault in a divorce based on one year of separation.

We'll continue this discussion in a future post. In the meantime, if you would like to learn more about the divorce process or have already been served with divorce papers, consider speaking with a skilled legal professional as soon as possible. 

No Comments

Leave a comment
Comment Information

Our Office Locations

Winston-Salem Office
1068 W. Fourth St.
Winston-Salem, NC 27101

Map & Directions

Greensboro Office
324 S. Elm Street
Suite 300
Greensboro, NC 27401

Map & Directions

Contact Us Now For Immediate Help

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy