Divorce

Absolute Divorce
In North Carolina, absolute divorces are almost always granted on the basis of one year's separation. An absolute divorce may only be obtained through a judgment of the Court. There are major legal ramifications that accompany the entry of such a judgment. A divorce judgment automatically ends certain legal rights that exist by reason of your marriage and automatically bars claims for alimony and equitable distribution of property, unless those claims have been settled with appropriate written legal documents or unless those claims have been raised in a legal proceeding and are pending at the time of the absolute divorce.

Grounds for Divorce 
A spouse seeking an absolute divorce must be able to demonstrate to the court that (1) that he or she has been living in separate dwellings from the other spouse for a period of at least one year, (2) that during that year, the parties did not resume the marital relationship and (3) that at least one of the spouses formed the intent to end the marital relationship when the separation first occurred.

Reconciliation
Failed attempts at reconciliation may be considered a resumption of the marital relationship and can have significant legal repercussions. While we want marriages to succeed, a party contemplating reconciliation should discuss this issue with a divorce attorney to minimize any adverse legal consequences.

Dating Relationships
Any extramarital affairs or dating relationships on the part of either spouse, either before or after a separation, should be brought to the attention of your attorney so that you can be advised on how these relationships may affect your legal rights.  In North Carolina, a spouse may be able to bring a lawsuit against a third party for alienating the affections of and/or having sexual relations with that spouse's husband or wife.

Importance of Attorney Consultation
It is very important for you to consult a divorce attorney immediately upon being served with an absolute divorce complaint and you should consult an attorney before filing an absolute divorce complaint yourself.