Marriage is a personal matter. Who you decide to marry should be your decision and yours alone. Similarly, if you are married but no longer want to continue the relationship with your partner, you have the right to divorce your spouse. But there are some situations in which one spouse wants to get a divorce, but the other does not. That is why it is possible to get a divorce without a partner’s consent in Wilmington, North Carolina.
It is important to know that while it may be possible to get a divorce without a partner’s consent, the process of divorce in such a situation can be longer and more complicated. Nevertheless, if you want to divorce your spouse, you can, and your partner cannot prevent you from doing so. As per the law in Wilmington, North Carolina, both spouses do not have to agree to the divorce in order for the court to grant it.
Requirements to File for Divorce in Wilmington, North Carolina
In Wilmington, North Carolina, the state can allow you to divorce your spouse for two reasons:
- When the couple has already separated and has been living apart for a minimum of 12 months. This is generally the most commonly cited reason when you wish to divorce your spouse.
- If one party is mentally unstable or has incurable insanity and the couple has been apart for at least 36 months.
In Wilmington, North Carolina, couples do not have to prove fault or come up with evidence of adultery or cheating to be able to obtain a divorce without the partner’s consent. As long as the spouses have lived apart for at least 12 months, this alone will allow you to divorce your spouse. However, separation is a requirement, and you cannot be living in the same house with your partner. For example, you cannot come to court and state that you have been living upstairs in the same house for the last 12 months. That is not considered living separately in the eyes of the law and in this situation, you may not be granted the right to divorce. However, if you fulfill the condition, you can divorce without your partner’s consent.
How to Divorce Your Spouse in North Carolina
If you have lived separately for a minimum of 12 months, you can divorce your spouse. If you have no children, you only need to address the issue of division of property. If you have children, you need to take into account child custody. If the other spouse is amicable and wants to make things simple, there is no reason to seek assistance from the court. But if the spouse is making things difficult, you may require mediation and legal support. But even in this situation, you can still file for a divorce without your partner’s consent.
Divorce Without Partner’s Consent
In Wilmington, North Carolina, either partner can start the proceedings by filing for divorce. In this application, you must address key issues like custody and property division. One copy of the complaint, together with the paperwork and summons must be handed to the other spouse, who has 30 days to file a response. If the other partner doesn’t want to divorce, then he or she can respond with a counterclaim and add-in demands for support or division of assets. This often delays the divorce proceeding because of the conflict. But you can still divorce your spouse, with or without their consent.
Reach Out to a North Carolina Divorce Lawyer to Discuss Your Case
Divorces can be very messy, even if the law only requires separation before you file. Sometimes, your partner can be difficult, and while they cannot prevent you from filing for divorce, they can make it much harder than it needs to be. This does happen quite often in divorce cases, and people get stuck over issues such as division of property, alimony, child custody issues, and visitation rights. It can be especially more complicated for couples who have been married for quite a long time and have shared assets. Do not let this deter you from seeking a divorce without your partner’s consent.
While this may seem like a hassle, the only way you can make the process simpler for yourself and your family is by seeking proper legal counsel. At the Speaks Family Law, we understand that going through a divorce can be a painful and emotionally difficult time for you. We are here for you, and we will help you deal with the legal aspect of your divorce while you concentrate on putting your life back on track. Reach out to us today to discuss getting a divorce without a partner’s consent with a Wilmington family law divorce attorney.
- CALL NOW: 910-408-7262