In N.C. parties have to be living separate and apart for a period exceeding one year in order to file for divorce. The divorce action is separate from the other issues such as equitable distribution and child custody or child support and can be (and usually are) filed separately.
The divorce can proceed even if the other issues are not resolved, with the caveat that alimony and equitable distribution claims are deemed waived if not filed prior to the entry of the divorce judgment. However, so long as those claims have been filed and are pending prior to the divorce, they will survive the entry of the divorce judgment.
Divorce in N.C. does not require the showing of fault grounds or irreconcilable differences. Being a citizen and resident of N.C. for 6 months prior to filing, and living separate and apart for a period exceeding one year with the intention of at least one of the parties that the separation be permanent is enough to satisfy the requirements for obtaining a divorce.
Contact Barri Payne today by phone or email to inquire further about the divorce process.