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.