To obtain an absolute divorce, North Carolina requires that you and/or your spouse live in North Carolina for at least six months before filing the action for divorce.  You or your lawyer must file the divorce complaint with the clerk of court in the county of your residence.  That complaint must be delivered to your spouse, either by the county sheriff or by certified mail.  After waiting a specified period, typically around 40 days after service of the complaint, either you or your attorney can appear in court and obtain a divorce.  The divorce is final once the judge signs the judgment, and you may remarry if you wish.

An action for divorce can be brought by either spouse, once you and your spouse have lived separate and apart for at least 12 consecutive months.  You can obtain a divorce in North Carolina whether or not your spouse wants to be divorced.  Additionally, North Carolina is a “No-Fault” divorce jurisdiction, and as such, neither party has to prove marital fault in order to obtain a divorce after a one-year separation.

Absolute divorce is just that, the termination of the marriage.  You can obtain a divorce without resolving any of the other issues arising from your separation, such as custody, spousal and child support, and the distribution of your property and assets.  However, be aware that North Carolina law requires that you file for things like alimony equitable distribution before the divorce decree has been entered.

We at SeiferFlatow handle all aspects of Family Law including Divorce, Child Custody, Child Support, Equitable Distribution, Alimony, Adoption, Annulment, Premarital and Post-marital Agreements, Separation and Property Settlement Agreements, as well as Alienation of Affection and Contempt matters.

With proven trial experience, we at SeiferFlatow have the ability to litigate contested matters.  When matters do not require litigation, we use our knowledge, skill, and experience to find resolutions that help you and your family move forward with life, while protecting the life you’ve built.

We believe that the best way to handle your Family Law matter is through a personalized approach guided by sound professional advice.  Our attorneys are responsive, engaged, and attentive, and focus on working closely with our clients to meet their individualized needs.  With each case, we develop a game plan to achieve the results that are most important to you and provide you with a clear picture of how to move forward through the legal process.

Alienation of Affection and Criminal Conversation

North Carolina is one of very few jurisdictions that still recognizes “Heart Balm Actions.” These are actions that a spouse can bring against a third party outside of the marriage for interfering with the marriage. North Carolina recognizes two major actions in this area, alienation of affection and criminal conversation.

If someone has interfered with your marriage call the law firm of SeiferFlatow today to schedule a consultation. The attorneys at SeiferFlatow will skillfully assess your claim and help you through this difficult time.