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Oh hi my name is Tara Keselowski and I'm an attorney with the Alford law firm oftentimes people will ask me how to get divorced in North Carolina North Carolina offers divorce to what's called an absolute divorce either party may file for an absolute divorce based on one of two separate grounds the first round is the incurable infinity of your spouse and the second most commonly used ground is the one-year separation from your spouse should you decide to file for absolute divorce based on one year separation there are a few things that you need to know first of all the separation period must begin with one party vacating the marital residence with the intent to separate both parties must live continuously separate and apart for a 1-year period and when you file the action one of the parties must have been a resident of North Carolina for the six months immediately preceding the filing of the action upon completion of these requirements either party can file for divorce once you receive the absolute divorce it's very important that you're aware that you will intend loss to the right to claim equitable distribution which is the division of marital property or alimony through the courts if you think that you may have property that needs to be divided or that you may have a claim for alimony it's very important that you assert these rights prior to obtaining the absolute divorce minor children are a little different if you have children that are under the age of 18 the courts will retain jurisdiction over those children until they reach the age of majority so if you have a claim for custody or child support you can make that claim or modify that claim at any time during the separation or after the divorce has been granted if you have questions about whether you are a good candidate for alimony or whether you need to seek equitable distribution to thereby attain marital property it is very important that you speak to an attorney before obtaining that absolute divorce there are other things that you should discuss with your attorney as well prior to filing for and receive an absolute divorce such as domestic criminal trespass when you separate the party who leaves the marital home will no longer have the ability to return to the home even if there are the deed or the lease of the marital home without permission of the person who stays behind the person who stays behind will have the ability to press criminal charges against you for trespassing even if your name is on the deed that is very important to remember so if you think you are considering separating from your spouse or if you feel that your spouse may be considering separation from you the first thing I would recommend is to talk to an attorney about your legal rights by all means if you already separated from your.