How do I get divorced?

Once you have been separated from your spouse for one year and one day, you may file for divorce. ( N.C.G.S. § 50-6 ) So, if you and your spouse separated on November 12, 2005, you can file for divorce on November 13, 2006. That does not mean you are automatically divorced. To get divorced, you must first file a divorce complaint. North Carolina is a “no fault” divorce state. So, if you or your spouse committed adultery, or are divorcing due to “irreconcilable differences” that is not relevant to your divorce complaint. The only factors relevant to the court are that (a) you and your spouse have been living separate and apart for at least one (1) year, (b) that you have continued to live separate and apart with the intent to remain separated, and (c) that at least one of you, you or your spouse, has to have lived in North Carolina for at least six (6) months prior to filing the divorce action.

If you and your spouse have not signed a Separation Agreement, entered into a Consent Order or received a Court Order that distributes your marital and divisible property, and provides for alimony, and you get divorced without having equitable distribution and alimony resolved, you will lose the right to equitable distribution and alimony!

Many counties now have Do-It-Yourself divorce kits for people to file for divorce on their own. Before you file for divorce with one of these kits consult an attorney to make sure that you do not waive any of your marital rights to property distribution or alimony.