In North Carolina, an absolute divorce is almost always obtained on the basis of a one year separation. Once you and your spouse have lived continuously apart for one year, without resuming the marital relationship, either of you may obtain an absolute divorce. Attempts at reconciliation marked by isolated instances of sexual intercourse will not automatically end the period of continuous separation. However, instances of sexual intercourse and nights spent together may add to the totality of circumstances sufficient to cause a court to find that you have voluntarily renewed the marital relationship.
Should a court so find, the twelve-month clock will be reset. You cannot file for an absolute divorce until the next business day after your one-year separation. For example, if you and your spouse separated on February 12, , you cannot file for your absolute divorce until February 13, Then your spouse is served with the summons and complaint.
From the date of service, your spouse has 30 days to answer your Complaint and may even be granted a day extension, making it 60 days before you can get a court date.
It takes at least three weeks to get a court date in Guilford County each county is different from the time the day answer period has lapsed or we receive an answer, thus making it at least seven to eight weeks before you actually obtain your absolute divorce.
If COBRA medical benefits are an issue, the employer s through whom the benefits will be obtained, must be promptly notified that the divorce has been finalized. This should be done within sixty 60 days of the entry of the divorce judgment or the benefits may be lost forever. It is our recommendation that you transmit a copy of the divorce judgment at your earliest convenience to the personnel or human resources department of the relevant employer, so that the benefits are not lost. Now that you are divorced, you should consider revising or making a Last Will and Testament.
