Legal Question in Family Law in North Carolina
I want to divorce from my spouse and they will not sign and we have kids together... can I still get my divorce
Asked on 10/08/17, 3:44 pm
1 Answer from Attorneys
NC is a no fault state - there is nothing for your spouse to sign as you do not need their consent or permission to divorce them. As long as you have: 1) been physically separated (not living together) from your spouse for at least one year AND 2) either you OR your spouse has resided in North Carolina for at least the last 6 months, you are likely eligible to file for divorce in North Carolina. Also, if you meet those requirements, you are entitled to the divorce as a matter of law - meaning there is nothing your spouse can legally do to prevent it.
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Answered on 10/08/17, 7:48 pm