Frequently Asked Questions

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.