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

divorce
Notice: Unfortunately, we are presently not accepting new family law and divorce cases at this time.

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.

Author: Tom Kreger

Tom Kreger is the owner and founder of Kreger Brodish LLP. He was inspired to start his own law firm after working at an insurance company and witnessing firsthand how poorly claimants were treated when they needed help. Since 2010, he has helped thousands of victims of vehicle accidents, workplace injuries, and other forms of personal injury. He is licensed to practice in North Carolina and Georgia, and he is a member of the North Carolina, Durham County, Guilford County Bar Associations.