The Year Long Wait

North Carolina law requires that the parties are separated for one year prior to the filing of the divorce claim and that the filing party have lived in North Carolina for at least six months prior to the filing of the action. In this regard, your “date of separation” as discussed above, is an essential component of your divorce claim. If you file less than one year after your “date of separation” your claim will be dismissed.

Given this year long wait for a divorce, some parties may have already resolved their claims for custody , child support, spousal support and the division of property prior to the divorce being granted. This is especially true where the parties come to an agreement through their attorneys or through a third party mediator. In the event that alimony and equitable distribution are not resolved at the the time a divorce is filed, consult with your attorney regarding what steps you need to take to preserve your claims. Once a divorce is entered, you lose the right to file a claim for alimony or equitable distribution, unless these claims are pending with the Court at the time that the divorce is entered.