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Absolute Divorce


To file for divorce, the parties must meet the following jurisdictional requirements:

  1. The parties must live separate and apart for one year prior to filing for divorce. G.S. § 50-6.
  2. One of the parties must reside in North Carolina for six months prior to filing for divorce. G.S. § 50-6.

The parties will not be deemed living separate if they resume marital relations during the year’s separation. G.S. § 50-6.

Whether there has been a resumption of marital relations during the period of separation is determined by the totality of the circumstances as provided in G.S. § 52-10.2.

After the entry of a judgment of absolute divorce all rights arising out of the marriage cease and either party may marry again without restriction. G.S. § 50-11(a).

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  • Home
  • Legal Issues
    • Absolute Divorce
    • Alienation of Affection
    • Alimony
    • Child Custody
    • Child Support
    • Divorce & Retirement
    • Divorce & Taxes
    • Domestic Violence
    • Post Separation Support
    • Property Division
  • Services
    • Mediation
    • Premarital Agreements
    • Separation Agreements
  • About Us
  • Law Library
    • Law Dictionary: A
    • Cases
    • Statutes
    • Forms
  • FAQ
  • Blog
  • Contact Us

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