What do I have to prove to get a divorce in North Carolina?

To be eligible for a divorce in North Carolina, you must satisfy two requirements: (1) you or your spouse must have been a resident of North Carolina for at least six months prior to filing for divorce; and (2) you must have been separated from your spouse for at least one year with the intent to remain separated permanently.

The first requirement, residency, means that you or your spouse must have been present in North Carolina for at least six months prior to filing for divorce and with the intent that North Carolina is your permanent state of residency. If you or your spouse do not have a residence in North Carolina (whether rented, owned or another person’s home that you stay in) then you cannot meet the first prong of the residency requirement. In other words, you cannot intend for North Carolina to be your permanent state of residency if you have no place in North Carolina to live. On the other hand, you do not necessarily have to be present in the state for the entire six months prior to filing as long as you intend to return to North Carolina if you leave temporarily.

The second requirement, one year separation, means that you and your spouse live separate and apart for one year and not resume the marital relationship. It requires that when you separate, at least one of you intends for the separation to be permanent. This protects against, for example, situations where one spouse leaves temporarily (such as for an extended period for a job, military service etc.) but with no intention on the part of either party that this is a permanent separation. If there have been isolated incidents of sexual relations between you and your spouse during the separation, this does not necessarily defeat the one year separation and require that the one year start over.

As with any other issues arising from your separation or divorce, you should discuss these issues with a North Carolina Family Law Specialist. Feel free to contact me, Monty Beck, Western North Carolina Family Law Specialist to discuss these issues.

Coward, Hicks & Siler, PA, is a general practice law firm, whose lawyers are authorized and licensed to provide legal services in the State of North Carolina. We serve clients throughout western state, in Franklin, Sylva, Murphy, Cherokee, Bryson City, Waynesville, Highlands, Cashiers, Cullowee, Robinsonville, Brevard, Asheville and surrounding townships.

The main content of this site is updated as necessary to ensure accuracy. Blog posts are accurate as of the date of publication and are updated with new posts in the event of changes in the law. All material found on this website is primarily intended for the purpose of marketing, and to allow visitors to compare the services offered by Coward, Hicks & Siler with those offered by similar law firms.

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FRANKLIN

43 West Main Street
Franklin, NC 28734
Phone: 828-524-6475
Facsimile: 828-524-9833

SYLVA

705 West Main Street
Sylva, NC 28779
Phone: 828-586-2147
Facsimile: 828-586-2605

CASHIERS

211 Cashiers School Road
P.O. Box 1918
Cashiers, NC 28717
Phone: 828-743-2401
Facsimile: 828-743-2403

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    Sylva

    705 W. Main Street
    Sylva, NC 28779
    Phone: 828-586-2147
    Facsimile: 828-586-2605

    Cashiers

    211 Cashiers School Road
    P.O. Box 1918
    Cashiers, NC 28717
    Phone: 828-743-2401
    Facsimile: 828-743-2403

    Franklin

    43 West Main Street
    Franklin, NC 28734
    Phone: ]828-524-6475
    Facsimile: 828-524-9833