When can I get a divorce?

In North Carolina, a couple can get a divorce if either spouse establishes grounds for an absolute divorce. In other words, the spouse must prove grounds to a court that established by North Carolina law. The grounds for an absolute divorce in North Carolina include, but are not limited to, voluntary and involuntary separation, adultery, one year continuous separation which did not begin after a felony conviction, and incurable insanity. In order to obtain an absolute divorce, a couple must meet at least one of the established grounds. Additionally, they must have been legally married and, in some cases, must prove that they have established a residence in the state. The spouse filing for the divorce must be a resident of North Carolina for at least six months before the divorce will be granted. Any person can file for a divorce in North Carolina, though the parties and any minor children must meet the state’s residency requirements, as aforementioned, to for the divorce to be granted. The filing spouse must also serve the other spouse with a copy of the divorce filing, at which point a court process will begin. Overall, a couple can get a divorce in North Carolina if either spouse meets the state’s residency requirements and establishes grounds for an absolute divorce. Upon successful filing, the court will begin a process that can lead to a legal divorce being granted.

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