Getting a fresh start with an absolute divorce
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Getting a fresh start with an absolute divorce

On Behalf of | Apr 30, 2021 | Family Law/Divorce

If you’re ready to divorce your spouse, it’s time to look into getting an absolute divorce through the court. Although you and your spouse may be able to resolve your differences outside court, only the court is able to completely end your marriage by law.

Many people don’t understand that the court doesn’t have to be involved other than to grant the divorce, though. You have the right to negotiate outside of the court system, to try alternative dispute resolution, to work with your attorneys and to come up with a reasonable settlement. You don’t necessarily have to ask a judge to make decisions on your case unless you’re unable to resolve your disputes on your own.

How long do you have to wait for an absolute divorce?

You need to go through a one-year separation period before you can request an absolute divorce. This one-year period is an excellent time to work on separating your assets and resolving custody issues. It gives you time to resolve all of your personal matters.

It’s reasonable that some people won’t be able to resolve all of their divorce-related issues during this time, and in that case, the court is still there to help. You will need to file a claim in court for any issue you haven’t resolved. The court will help resolve that problem, and then you can move forward with your petition for an absolute divorce.

Is living in a different bedroom enough for the separation period?

Unfortunately, no. You need to live in completely different residences for one year and a day before you can apply for the absolute divorce judgment.

Do you have to stay in North Carolina until the divorce hearing?

No, if you want to separate and move to another state or region, that’s acceptable. As long as you or your spouse have been a resident of North Carolina for at least six months, you can make a divorce complaint here. If you haven’t met that time requirement yet, you will need to wait until six months of residency have passed to file.

Your attorney can help you learn more about this process and getting the absolute divorce decree.