Filing for divorce


#1

In NC, if either the plaintiff or defendant in a divorce action has resided in NC for at least 6 months prior to the filing of the complaint, and if the parties have been separated for a minimum of one year, then the divorce can be granted. Whether the defendant “consents” to the divorce is irrelevant, though the defendant may contest the divorce if he or she wishes. Generally, it is pointless to contest the divorce unless the parties have not been separated for the required one year period. An important issue with most out-of-state defendant divorces is “service.” The defendant must be served (provided with a copy of the summons and complaint) by certified mail/return receipt or by sheriff’s delivery.

I hope that helps.

David L. McGuire
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCdivorce.com
(919)787-6668

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 but a full discussion with an attorney should be undertaken before taking any action.


#2

My question is if a person has been separated for over one year, but their spouse is in a different state and does not want to consent to divorce, what do they need to do to file and still be divorced?