The divorce may be filed in the either county in which the parties reside.
(North Carolina Statutes - Chapter 50 - Sections: 50-8) The Complaint for Divorce must declare the appropriate North Carolina grounds upon which the divorce is being sought.
Our courts consider the "totality of the circumstances" to determine if the parties have reconciled.
The divorce grounds are as follows: The court may grant divorces from bed and board on application of the party injured, made as by law provided, in the following cases if either party: No-Fault: (1) Marriages may be dissolved and the parties thereto divorced from the bonds of matrimony on the application of either party, if and when the husband and wife have lived separate and apart for one year.
So, no, a legal separation is NOT a period for reconcilation or to "work things out." A legal separation is the first step to getting a no fault divorce in the state of NC. Of course, when there are marital assets, people turn to attorneys and the courts to try to sort that out. Divorce after separation of one year on application of either party Marriages may be dissolved and the parties thereto divorced from the bonds of matrimony on the application of either party, if and when the husband and wife have lived separate and apart for one year, and the plaintiff or defendant in the suit for divorce has resided in the State for a period of six months. 50-11, or of the common law, a divorce under this section shall not affect the rights of a dependent spouse with respect to alimony which have been asserted in the action or any other pending action. Isolated incidents of sexual intercourse between the parties shall not toll the statutory period required for divorce predicated on separation of one year. Seems attorneys have gotten into "case management" - more like healthcare professionals - in re: to their divorce clients. or b/c they know that the more two people drag things out, the more contention and thus - billable hours for the attorney. Such a straight-forward methodology pretty much cuts out the need for divorce attorneys except for writing up the legal separation papers.
If you are going through a divorce in Raleigh or elsewhere in North Carolina, you will have many questions – especially if you have never been through the North Carolina divorce process before. Ullman & Associates presents the following answers to frequently asked questions about North Carolina divorces.
A divorce can be granted in NC on the basis of one year's separation alone. People drag each other into court here mostly in regard to custody issues, and it is in an attempt to prove someone is an "unfit parent" that adultery charges usually get leveled.
The court would require witnesses to ascertain that the two people involved have not been involved during the year. Otherwise, one can simply be apart from one's spouse for a year and get a divorce, based on that separation alone. Evidently, our lawmakers here decided that having "isolated sexual relations" w/ your separated spouse while living apart does not affect the one year date, if I read that last sentence correctly. DIVORCE AFTER SEPARATION OF ONE YEAR ON APPLICATION OF EITHER PARTY 50-6.