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In all cases where a husband and wife have lived separate and apart for three consecutive years, without cohabitation, and are still so living separate and apart by reason of the incurable insanity of one of them, the court may grant a decree of absolute divorce upon the petition of the sane spouse: Provided, if the
Legal Clean Slate Parties with an absolute divorce can move forward without lingering legal ties to their former spouse, simplifying future financial and personal decisions.
Under the guidelines of an absolute divorce in North Carolina, you can simply claim that your marriage has fallen apart and that you no longer want to be in the relationship. In contrast, a divorce from bed and board requires you to provide the court with very specific reasons for ending your marriage.
While no divorce is quick, a divorce can be finalized in North Carolina in a minimum of a year and thirty days (including the mandatory year of physical separation). In these cases, the parties would have an uncontested divorce, meaning they agree on all issues before filing the divorce paperwork.
In North Carolina, an absolute divorce is the legal termination of a marriage, and it is decided separately from issues of property division, child and spousal support, and child custody. An absolute divorce is almost always obtained upon the basis of a one-years separation.
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You are eligible to file for divorce, also called an absolute divorce, only after being separated for at least a year and a day. This means that you must have been living in different homes and that at least one of you intended that the separation be permanent during that time.

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