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Articles Tagged with simple divorce

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By: Hannah E. Smith, JD

Potential clients often seek an attorney’s help for what they call a “simple divorce.” The circumstances may seem simple because the only claim the potential client wishes to make is one for absolute divorce, thereby choosing to forgo claims for equitable distribution, post-separation support, and alimony. Sounds simple enough, right? Think again. The grounds for divorce under North Carolina statutes are: (1) that the parties must have lived separately and apart for one year with no intention of resuming the marital relationship; and (2) that one party or the other has resided in North Carolina for six months prior to the filing of the action. While these two grounds are not difficult to meet, a lot can happen in the year the parties are living separately and apart and, as a result, the entire trajectory of the action can change. Continue reading →