Absolute Divorce

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How to Get an Absolute Divorce (commonly referred to as “divorce”): Hendersonville, NC

1. Separation for One Year

You may have asked yourself, “how do I get divorced in NC?”. Getting an Absolute Divorce can be a stressful experience. North Carolina has made this process relatively straight forward. In order to obtain an Absolute Divorce in North Carolina, both parties must have been living separate and apart for at least one year. This means that you and your spouse must live in separate residences; simply living in different rooms in the same residence will not satisfy the statute. At least one spouse must have the intent not to get back together as husband and wife. Sometimes deciding whether you have met the statutory requirements can get foggy, but we can guide you through every step of this process. Mr. Jones, as a lawyer in Hendersonville, NC, has helped many clients through this divorce process. in One other way to get an absolute divorce is by showing the Incurable Insanity of your spouse.

2. Incurable Insanity

This method requires that the spouses live separate and apart for three years because of the incurable insanity of the other spouse. Proving this will require testimony from medical experts. Once again, we can guide you through this process.

In all cases, in both methods above, the spouse who is filing for the divorce must have been a resident of North Carolina for six months before filing for a divorce in Hendersonville, NC. Mr. Jones, as a divorce lawyer in Hendersonville, NC, represents clients facing these divorce issues.

The Effects of An Absolute Divorce

An Absolute Divorce ends the relationship between the parties. Thus, the parties are free to remarry and resume their premarital names. But be careful, other rights to alimony and equitable distribution may be cut off if you obtain a Divorce before you file for those claims. Also, the divorce does not impact contractual rights such as a insurance beneficiary. You would need to remove your formal spouse’s name as the beneficiary under any such plan. Mr. Jones, as a divorce lawyer in Hendersonville, NC, represents clients facing these divorce issues.

The Difference Between an Absolute Divorce and a Divorce from Bed and Board: Hendersonville, NC

A divorce from bed and board is a court order stating that you and your spouse are legally separated. Similar to an Absolute Divorce, you may qualify to ask the court for post-separation support, alimony, child custody, child support, and attorney’s fees. However, the main difference between the two is that you and your spouse are not actually “divorced”; you are simply legally separated. Thus, unlike an Absolute Divorce, you are not free to remarry. In order to remarry, you must obtain an Absolute Divorce (which requires living separate and apart for the required time period). Mr. Jones, as a divorce lawyer in Hendersonville, NC, represents clients facing these divorce issues.

There are many grounds for getting a divorce from bed and board including the following: abandonment or turning out of the spouse, constructive abandonment, cruel treatment, indignities, drug abuse, and adultery. Of course, there are several defenses to any of the above grounds including: recrimination, condonation, connivance, and collusion.

To learn more about Divorce from Bed and Board click here.


Disclaimer: The information contained on this page is merely for educational purposes only. No legal advice is being given to the viewer of these webpages. No attorney client relationship is created between you, the reader, and the attorney named in this website. An attorney client relationship is only created between you and the attorney after you have met with the attorney in-person and the attorney has agreed to represent you. As in any case, the facts and circumstances of each client may change the outcome of the case. And always, the law in North Carolina is continuously changing and being updated. Schedule an appointment to talk with an attorney before you take any legal action.

 Mr. Jones is a divorce lawyer handling cases in Hendersonville, Asheville, Brevard, and Columbus, N.C.

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