Family law attorney Melody King is sharing insights with Best Lawyers® , one of the most respected and trusted attorney rating services in the country.
Her article, "Filing for Divorce in North Carolina," graces the 2024 Best Lawyers Family Law Legal Guide. This exclusive compilation features editorials from leading lawyers and law firms, offering profound perspectives on intricate legal challenges in family law.
Excerpt from Melody's article:
Marriages may be dissolved by either party when the parties have continuously lived separately and apart for at least one year. However, you are not actually divorced until the District Court enters a Judgment for Absolute Divorce. North Carolina Courts will not have jurisdiction to enter a Judgment for Absolute Divorce unless at least one of the parties has been a resident of North Carolina for at least six months prior to the filing of an action for Absolute Divorce. North Carolina Courts have also interpreted "separate and apart" to encompass not only a physical separation but also an intention by at least one of the parties to cease the marital relationship.
What does it mean to live separate and apart?
To begin the one-year separation period, one party (or both parties) must move out of the marital residence and establish a separate residence. Moving into the guest bedroom is not sufficient. You do not need any "legal papers" showing your separation from your spouse. The mere act of moving out of the marital residence is sufficient to begin the separation period.
You can read the entire article here or read it as part of Ward and Smith's February Focus on Love, Relationship, and the Law.
