North Carolina requires 2 main things for "absolute divorce": 1) The intention to live separate and apart and 2) living separate and apart for 366 days. You should, but do not HAVE to have a written agreement in order to be separated, and you can reach that agreement before the divorce is finalized.
Note: If you want to ask for a division of marital property ("Equitable Distribution"), alimony or spousal support, you MUST either reach an agreement in writing or file before the Court before divorce is finalized or you cannot go back after the fact and ask for it.
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Transcript: What are the requirements for divorce in North Carolina? Hey there, my name is Ron Payne. I'm the CEO and managing attorney of Apple pain law here in Kernersville, North Carolina. And today I wanted to answer the question, what are the requirements for divorce, we focus on Family Law and Estate Planning. And the good news. And the bad news is that in North Carolina, it's very simple. What that means is you can't file for divorce until you have been separated legally, for 366 days. And when you've done that, you can file for divorce, you do not have to have a reason for divorce, the only reason needs to be that you've been separated a year and a day. Now, if somebody has cheated on the other, if there are kids involved, or there's property involved, those are all separate issues, and that you're going to need to work those out. And you definitely want to use a lawyer for those issues. But to be legally separated for a year and a day only requires two things. One that you live separate and apart for the whole time. Okay, you can't separate and get back together and separate get back together and then pick the clock back up. But you're you've got to be separate apart for 366 days. The second part is that you have to intend to remain separate apart. So in other words, if the spouse goes on a two week trip with their buddies down to Bermuda, and while they're gone, you discover they've been cheating on you. You can't like keep it secret, wait till they get back act like everything's normal, and then be like, Haha, you're out and then be like we're getting a divorce now, no, you have to be separate apart for that, with the intention to remain separate and apart. And it has to be known to for that 365 days to count. Now, a text message saying it's over get out enough, or the fact that they moved out of the house and went in establish their own domicile that's living separate apart. That's pretty clear intent. So you don't have to have a Separation Agreement. If you have property, if you have children, if you're facing if you've got separate different incomes. And there might be an if there was a long marriage, and you might have spousal support, whether you're entitled to it or whether you might have to pay it, please use a lawyer, whether you use us or any lawyer, we're here to help. But this is not something you just want to download off the internet's and then try to go it yourself. Because more often than not, those agreements get litigated at some point, or they become unenforceable. And then you're left without, you know, if the if the contract that you signed is insufficient, then that's what you're left with. And if you've already gotten divorced, and then you realize the contract wasn't correctly, oftentimes, there's not much you can do. So if you need help with a divorce, if you need help with a separation agreement so that you can get your divorce. You know, because the one thing before you get your divorces and this is so important. Before you go get your divorce, you've already heard the requirements pretty simple....