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“No Fault” Divorce in Cumberland County
Divorce doesn’t always have to be a battle. Sometimes spouses choose to part ways amicably, without the need for expensive and time-consuming litigation in our local domestic courts. Our experienced divorce attorney, Melinda Flinn, makes regular appearances in domestic court in Cumberland County. She will help you file a “no fault” divorce, but she will also protect and fight for your rights if a legal battle is required.
If you have questions about getting a divorce, call and schedule a consultation. In the meantime, know that you need to fulfill the following obligations:
Basic Requirements for a North Carolina Divorce
Any legally married spouse can file for divorce one year and one day after the parties separate, regardless of where the marriage occurred.
These two requirements must be met:
- One spouse must be a legal resident of North Carolina, and they must have resided in the state for at least 6 months before filing.
- Both spouses must have lived separate and apart for at least one continuous year, and at least one spouse must have planned on leaving the marriage throughout that time.
The separation requirement is vital. While you do not have to file any paperwork to begin a separation, you or your spouse must move out of the marital residence and have the intent to leave the marriage. The separation requirement in North Carolina is for one continuous year.
These are the only requirements to file for a divorce in North Carolina. The spouse who files for divorce does not need to prove the other spouse was at fault in order to get an absolute divorce.