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ABSOLUTE DIVORCE

Your Trusted Guide to a Fresh Start

Going through a divorce can be one of the most challenging experiences of your life. At the Law Office of Nathan Earwood, we understand the emotional and practical complexities that come with ending a marriage. Our team of experienced divorce attorneys, with over 90 years of combined legal expertise, is here to guide you through the absolute divorce process in North Carolina with care, compassion, and professionalism. Whether you’re in Asheville, Waynesville, Sylva, Franklin, Robbinsville, or beyond, we are here to help you navigate your path forward.

Why Choose Us?

The attorneys at the Law Office of Nathan Earwood bring over 90 years of combined experience handling cases just like yours. We are committed to protecting your rights and ensuring you receive the best possible outcome in your divorce. Whether you’re facing child custody concerns, division of assets, or simply want a peaceful resolution, we are here to help.

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What is an Absolute Divorce?

In North Carolina, an absolute divorce is a legal procedure that ends a marriage completely, allowing both parties to move on with their lives. Unlike a divorce from bed and board, which does not dissolve the marriage, an absolute divorce terminates all legal bonds between you and your spouse, making you both legally free to remarry if desired.

Do I Need to Prove Fault for an Absolute Divorce?

North Carolina is a “no-fault” divorce state. This means that you do not need to prove wrongdoing on the part of your spouse to file for an absolute divorce. Simply stating that the marriage is irretrievably broken is enough. You are not required to present evidence of abuse, infidelity, or other forms of misconduct. This process is designed to help you end your marriage as efficiently as possible, without the need for contentious legal battles.

The Requirements for an Absolute Divorce in North Carolina

In order to file for an absolute divorce in North Carolina, certain requirements must be met:

  1. Living Separate and Apart for One Year: You and your spouse must live separately for at least 12 months before you can file for an absolute divorce. There is no need to prove the separation, but you must show that at least one of you intends for the separation to be permanent.

Residency Requirements: At least one spouse must have lived in North Carolina for a minimum of 6 months before filing for divorce. If you meet this criterion, you can proceed with the divorce process.

How Long Does the Divorce Process Take?

The absolute divorce process typically takes around 90 days once the complaint is filed, though timelines can vary based on the complexity of your situation. Here’s an overview of the process:

  • Step 1: File the Complaint for Divorce
  • Step 2: Serve your spouse with the divorce papers (this can take up to two weeks)
  • Step 3: Wait 30 days after your spouse has been served before requesting a court hearing
  • Step 4: Attend your court hearing, where a judge will finalize your divorce.

While the process may seem straightforward, it’s important to have an attorney guide you through each step to ensure your rights are protected.

Do I Need an Attorney for an Absolute Divorce?

While you have the option to file for an absolute divorce on your own in North Carolina, it’s highly advisable to seek the assistance of a skilled divorce attorney. Even in uncontested divorces, there are legal considerations regarding property division, spousal support, and other critical matters. Our attorneys can ensure your rights are protected and guide you through the paperwork, court procedures, and negotiations.

How We Can Help

  • Provide Legal Advice: Our attorneys will ensure you understand your rights and responsibilities so you can make informed decisions.
  • Handle the Paperwork: Divorce paperwork can be confusing. We’ll make sure everything is filed properly and on time.
  • Representation in Court: If your case goes to court, we’ll be by your side to advocate for you.

Frequently Asked Questions

How long do we need to be separated before filing for an absolute divorce in North Carolina?

To file for an absolute divorce in North Carolina, you must live separately for at least 12 months. There is no need to prove separation; however, one spouse must intend for the separation to be permanent.

Can I file for divorce without an attorney?

Yes, you can file for divorce without an attorney. However, the divorce process can be complex, and mistakes can lead to delays or unintended consequences. A divorce attorney can help ensure your rights are protected and that the divorce is finalized smoothly.

What happens after I file for an absolute divorce?

Once you file the complaint, your spouse will be served with the divorce papers. After serving your spouse, you must wait 30 days before requesting a court hearing, which will typically take place within another 30 days.

Can I remarry after an absolute divorce in North Carolina?

Yes. An absolute divorce legally dissolves the marriage, allowing both parties to remarry if they choose.

What if I need help with child custody or property division?

An absolute divorce addresses the dissolution of the marriage but does not automatically resolve issues like child custody or property division. We can help you with these matters as part of the divorce process.

What happens if my spouse does not respond to the divorce complaint?

If your spouse does not respond to the divorce complaint within 30 days, the divorce can proceed uncontested. However, it’s important to ensure that your spouse is properly served with the complaint to avoid any delays.

Let Us Help You Move Forward

Divorce can be overwhelming, but you don’t have to go through it alone. At the Law Office of Nathan Earwood, our  experienced divorce attorneys are here to guide you through every step of the absolute divorce process in North Carolina. With hundreds of 5-star reviews, five convenient office locations, and virtual consultations, we’re ready to assist you in Asheville, Waynesville, Sylva, Franklin, and Robbinsville. Call the Law Office of Nathan Earwood at 828-354-3400 or submit a contact form to get the legal support you deserve.

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