What is absolute divorce?
The legal action for a divorce is called an “absolute divorce.” In North Carolina, a spouse can file for an absolute divorce after one year of separation. This means that the two spouses must have lived apart from each other in different residences and at least one of the two spouses has the intention of being separated.
Where do you file a complaint?
A complaint for absolute divorce is most often filed in the county where one of the spouses resides. The complaint has to be served on the other spouse by sheriff, certified mail with a return receipt, acceptance of service, or publication. Of course there are always exceptions, but generally the law requires proof that the other spouse personally received a complaint for absolute divorce and the summons before a divorce judgment can be entered. The filing spouse must also file an affidavit form that states whether the defendant spouse is an active member of the armed services.
What happens after the complaint is filed and served?
The defendant has thirty days to file an answer or any counterclaims. If the defendant does not file answers or counterclaims, a hearing date can be scheduled for entry of the judgment for absolute divorce. When a divorce judgment is entered, both spouses’ claims for alimony (including post separation support) and equitable distribution (dividing assets and debts) are barred if they have not already been filed. It can be extremely important to speak with an attorney about property division and alimony whether you intend to file for an absolute divorce or you have received a complaint and summons.
How do you find out more about absolute divorce?
This post offers a broad overview of the process for filing a claim of absolute divorce and it shouldn’t substitute for a consultation with an attorney. The details can be important and your situation might be different. Sit down with us to discuss your circumstances and options.