Absolute divorce is the legal proceeding in North Carolina which legally ends a marriage. You must be separated for one (1) year prior to filing a claim for absolute divorce.
Claims related to the marriage, including equitable distribution (property and debt division), post-separation support, and alimony must either be resolved through a separation agreement, or properly filed with the court prior to the entry of a judgment for absolute divorce. If these claims are not resolved or properly preserved prior to the entry of a judgment of absolute divorce, the claims will be barred as a matter of North Carolina law.
Most cases will require the resolution of related claims through a separation agreement prior to the filing for absolute divorce. In some limited circumstances, this is not necessary and you can proceed with an action for absolute divorce. In all cases, Levy Law Offices requires an initial consultation to determine if you have claims for equitable distribution, post-separation support, or alimony, and to properly advise you of your rights before proceeding with an action for absolute divorce.
It is possible to resume the use of your maiden name or a prior married name concurrently with the entry of a judgment for absolute divorce.
To schedule an initial consultation, please call Levy Law Offices at (919) 846-0125, or complete the contact form on the right-hand column of the website. Levy Law Offices charges $220.00 for the initial consultation in family law cases. Mr. Levy's current hourly rate is $220.00 per hour. Cases which include only representation for an absolute divorce are usually handled for a flat fee, plus applicable court costs and service of process costs.