Per N.C. Gen. Stat. § 50-6, married persons seeking absolute divorce must demonstrate physical separation of one (1) year. The following constitutes essential criteria and procedures:
Separation Standards
Physical separation requires maintaining two distinct households. Under state law, occupying separate bedrooms within a shared residence is insufficient. At a minimum, one party must intend to dissolve the marriage permanently. Any resumption of marital relations nullifies the separation period, necessitating a restart of the statutory timeline.
Legal Filing
Upon completing the mandatory separation period, either party may initiate divorce proceedings in their or their spouse’s county of residence. The state operates under no-fault principles, so a demonstration of misconduct is not required.
You must live apart for 12 months straight. If you get back together, even briefly, the clock starts over. After the year’s up, file at your local courthouse or where your spouse lives. You don’t need to prove anyone did anything wrong – just that you’ve lived apart long enough.
