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Qualifying for Absolute Divorce

There are two requirements that must be met in order to qualify for Absolute Divorce in North Carolina. First, at least one of the parties must be domiciled in the state for at least six months prior to filing the action. Second, the parties must live separate and apart for one year with the intent to end the marriage. The parties cannot live in the same residence during the separation period, e.g. sleeping in different bedrooms does not constitute legal separation. Resumption of the marital relationship ends the separation period, but isolated incidents of sexual intercourse do not, by themselves, constitute a resumption of marital relations.

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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