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.
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
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.