Legal Question in Family Law in North Carolina

How long is the abandonment period for a marriage in North Carolina?


Asked on 3/28/12, 9:26 am

1 Answer from Attorneys

There is no "abandonment" period that I am aware of. Abandonment is only a grounds for a legal separation. If one spouse has already left, then you are already separated, so there is not much point in bringing a legal separation action. Simply wait the one year and a day required before filing for divorce and equitable distribution.

If the remaining spouse is financially dependent on the other for support, then go to a family law attorney and see if they can bring an action NOW for spousal support and possibly equitable distibution. If there are minor or disabled children, ask the attorney about also bringing an action for child support. If money is tight, then you can always go to the child support enforcement agency and file a claim for child support alone.

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Answered on 3/28/12, 4:19 pm


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