My Spouse Will Not Sign for Me to Get a Divorce. What Do I Do Next?

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In North Carolina, your spouse is not required to sign paperwork allowing you to get divorce. In some states, you are required to prove certain conditions, such as irreconcilable differences, prior to being granted a divorce. North Carolina, however, is a no-fault divorce state. This means that you do not have to prove that you have irreconcilable differences as a condition to be granted a divorce. You can file to get a divorce unilaterally, as your legal right and without your spouse’s signature.

In North Carolina, though, you do have to have to have been living separate and apart for one year prior to being granted a divorce. So long as you have been living separate and apart for one year or more, you can file for, and obtain, a divorce from your spouse — even WITHOUT your spouse’s signature.

If you have questions about separation, divorce, or other family law matters, please feel free to contact Kreger Brodish to schedule a consultation.