An absolute divorce is the legal process that actually dissolves the marriage. Certain marital rights are extinguished with the absolute divorce, including a spouse’s right to share in the other spouse’s estate. In North Carolina, most absolute divorces are granted on the basis of parties living separate and apart for a period of one year.
After spouses have lived separate and apart continuously for a period of at least one year, with no intentions to resume the marital relationship, either spouse may petition the court for an absolute divorce. The spouses must be living in separate residences in order for the period of separation to begin; simply sleeping in separate bedrooms within the same house is not a separation for purposes of obtaining an absolute divorce. Additionally, the period of separation will not automatically be tolled if spouses who are separated engage in isolated instances of sexual intercourse. However, if the parties have resumed their marital relationship as shown by the totality of the circumstances, then the period of separation will be tolled, and the date of separation for purposes of obtaining an absolute divorce will commence after the parties separate again.
Since 1962, we have helped families resolve tough issues when getting a divorce. Our family law attorneys tailor their approach to our clients’ unique circumstances.
At Mast Law Firm we are proud of the reputation that George Mast began more than 45 years ago and continue to cultivate the same dedication focused on caring, compassionate legal service. Contact us to meet with one of our experienced family lawyers who will make sure you receive that personal attention.
Extensive Experience in Family Law
For four decades, we have developed the knowledge and experience to help clients address a wide-variety of divorce and family law concerns. Our lawyers represent clients throughout North Carolina, focusing on Johnston and Wake Counties with a variety of family law needs, such as:
- Prenuptial agreements
- Separation Agreements
- Child custody and visitation
- Child support, insurance and daycare
- Property division (Equitable Distribution)
- Alimony & Post Separation Support (PSS)
- Legal separation (divorce from bed & board)
- Violations of court orders / Contempt hearings
- Alienation of affections & Criminal conversation
- Civil No-Contact / Stalking Protective Orders (50c)
- Domestic violence protective / restraining orders (50b)
In order to obtain a Divorce in North Carolina, you must have been a resident of this State for more than six (6) months at the time we file your complaint, and you and your spouse must have been separated for at least one (1) year. Note: If you or your spouse files for divorce and the divorce judgment is entered, you will lose forever certain valuable rigths such as the right to pursue alimony. Therefore, you should consult with an attorney before proceeding with or defending a divorce action.
Our family law attorneys carefully prepare each case for trial. At the same time, we work hard to negotiate a reasonable settlement for our clients. Once we reach an agreement — through settlement conferences or mediation — we draft comprehensive written separation agreements or a consent orders. If a reasonable settlement cannot be reached, we will vigorously try the case before the appropriate court.
Contact Us Today
Our family law attorneys at Mast, Mast, Johnson, Wells & Trimyer strongly believe in prompt, efficient communication with their clients. If you are looking for experienced representation, call us at (800) 280-6676 or e-mail us to schedule a flexible appointment. For more information visit our legal services page.
We offer confidential consultations at our law offices centrally located in Clayton / Garner and Smithfield.