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

As the founder of Kreger Brodish, I am dedicated to providing clear communication, efficient legal work, and successful outcomes for clients. With a background as a claims adjuster and over a decade of experience as an attorney, I have helped thousands fight for fair compensation in personal injury, vehicle accidents, and civil litigation. My firsthand knowledge of the insurance industry gives me an edge in advocating for clients against large corporations.