To file for divorce, the parties must meet the following jurisdictional requirements:
- The parties must live separate and apart for one year prior to filing for divorce. G.S. § 50-6.
- 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).