Family Law FAQ

  1. How long do a husband a wife have to be separated before an action for absolute divorce can be filed in North Carolina? One year.
  2. Are there any exceptions to the one-year separation requirement? An action for divorce can also be maintained based upon three years of incurable insanity, but otherwise there are no exceptions.
  3. If a spouse commits adultery, how does this affect the divorce proceedings? A dependent spouse may not be eligible to receive alimony.
  4. Does fault affect the distribution of marital property? No. The distribution of martial property is governed by N.C. Gen. Stat. § 50-20 et seq. and provides a number of factors to consider in the distribution of marital property.