Divorce Decree
| Simple Divorce | |
| Statute: | § 50-10(e) |
| Description | A divorce decree legally ends the marriage, altering a variety of legal rights. |
| Takeaway | The spouses have to live in separate buildings for one year before filing. |
A divorce decree legally ends a marriage. This allows the spouses to remarry. It also severs a variety of rights related to the marriage and divorce, such as inheritance rights. The spouses must be living in separate buildings for one year before either can file for divorce.
Criteria
The following criteria should be met before filing for divorce in North Carolina:
- Separation: For at least one year (a) the spouses have been living in separate buildings and (b) at least one spouse intended to permanently end the relationship.[1]
- Jurisdiction: At least one spouse has been living in North Carolina for at least six months.
- Equitable Distribution: Any equitable distribution claims you want to pursue have to be filed before the court signs a divorce decree.
Steps
Generally, getting a divorce involves three main steps:
- Preparing the initial divorce filings and submitting them to the court
- Service of process
- A motion for divorce
Contact an Attorney
This wiki is provided by North Carolina divorce lawyer David King and his firm King @ Law. You can learn more about King @ Law at www.kinglawnc.com. If you are looking to hire an attorney, have questions, or would like to contribute to this wiki, you can contact attorney King using any of the following methods:
- Schedule a Consultation
- Start a Facebook Chat
- Email: david@kinglawnc.com
- Voicemail: 919 706 5322