Absolute Divorce

Absolute Divorce

North Carolina law says that if you, or your spouse, have been a resident of North Carolina for six months, and physically separated from your spouse continuously for one year, then you are eligible for an absolute divorce. It is important to remember that if a divorce is granted and the issues of alimony and equitable distribution have not been resolved by a separation and property settlement agreement, you will lose the right to pursue these claims unless these claims have been properly filed with the court prior to the divorce being granted.


To annul a marriage means to void the marriage. Only in unusual circumstances is an annulment available. If a marriage takes place between persons, and either person is not properly divorced from a previous spouse, the marriage will be annulled. Other circumstances where an annulment is available would include the following:

  1. marriage between a male and female when one or both are under 16 years of age;
  2. marriage between two persons nearer in kin than first cousins or double first cousins;
  3. marriage between persons either of whom is physically impotent;
  4. marriage between persons either of whom is incapable of contracting due to lack of capacity or understanding.

Marriage, where a girl is under the age of 16 and is pregnant or had a child and is otherwise competent, the marriage will not be annulled, unless at the time of the action, the child is deceased. Also a marriage will not be annulled after the death of one of the parties in a marriage where a child was born, except in the case of bigamy.