File for Divorce


When can one spouse file for divorce in North Carolina? If there are court issues going on (Distribution of property etc) can one of us file divorce before all court issues are resolved?


You are eligible for an absolute divorce after one year of continuous separation (living continuously separate and apart). You can file on the day after one year has passed.

Yes, you can still file for absolute divorce as long as a claim for equitable distribution has been made and it is pending.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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