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Unlike some other states, North Carolina only allows for no-fault divorce, which requires at least one year of separation.
To receive alimony, a request must be filed with the North Carolina district court handling the divorce proceedings. The court then looks into the finances and situations of both spouses before deciding on a fair and equitable form of alimony.
The answer is yes, after you have legally separated, you are free to date as if you are not married. But the truth is, you should be careful. Anything beyond casual socializing may complicate the divorce process and even negatively affect the outcome when it comes to finances and child custody.
One spouse or the other must have resided in North Carolina for at least six months and the parties must have been separated for at least one year with the separation intended to be permanent. When those two requirements have been met, either party may file for an absolute divorce.
If One Spouse Wants the Other to Leave North Carolina courts have the power to force a spouse out of the marital residence if the other can prove a claim for divorce from bed and board, child support, and alimony or postseparation support where fault is shown.
What is a spouse entitled to in a divorce in NC? A spouse is typically entitled to some amount of alimony or spousal support, depending on the decision of the NC divorce courts. A spouse may also be entitled to a 50/50 split of marital property if so decided by the courts.
How do you get a divorce in NC without waiting a year? The state of North Carolina requires couples to have been separated for one year before getting a divorce. While there can be exceptions to this requirement based on extenuating circumstances, there is no way to avoid this one year waiting period.
If you cannot afford the fees for filing your Complaint for Divorce, you can ask the Court to let you file for free. In order to make that request, you must file a ?Petition to Proceed as an Indigent.? If approved, you will not have to pay the filing fee to the Clerk or service of process fee to the sheriff.