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Effects of Absolute Divorce

An absolute divorce ends a marriage and extinguishes all of the rights and obligations between spouses except those rights and obligations that are preserved by:

  1. an agreement, such as a separation agreement;
  2. a pending claim filed with the court; or
  3. a court order.

Upon divorce, all property owned under the doctrine of tenancies by the entirety is immediately transformed into ownership under tenancy in common. Additionally, all estate claims immediately become null and void, and all rights to alimony and equitable distribution are forever lost unless those claims are pending in a court action or previously resolved by a private agreement.

Call the Law Office of John P. Fernandez if you have questions or need legal representation in a family law matter. John Fernandez is licensed to practice law in North Carolina. The laws of North Carolina may differ from other states and no information contained herein should be considered legal advice.

About John Fernandez

John P. Fernandez | Child Custody and Divorce Lawyer | Raleigh, NCAttorney John Fernandez works with North Carolina individuals and families who need advice or representation in estate planning and administration matters. John provides an in-depth analysis of each client’s needs and works toward reducing estate taxes, avoiding probate and ensuring that health care decisions are handled appropriately. John helps individuals with modest and large estates achieve their goals.


John P. Fernandez
Attorney at Law
9555 US Highway 15-501 North
Chapel Hill, NC 27517
(919) 601-5028

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