In North Carolina, absolute divorces are almost always obtained on the basis of one year’s separation.  After you and your spouse have lived separate continuously for one year, without resuming the marital relationship, either of you may obtain an absolute divorce.  Attempts at reconciliation marked by isolated instances of sexual intercourse will not automatically end the period of continuous separation.  However, instances of sexual intercourse and nights spent together may add to the totality of circumstances sufficient to cause a court to find that you have renewed voluntarily the marital relationship.  Should a court so find, the twelve-month clock will be reset. 

        You cannot file for an absolute divorce until the next business day after your one-year separation.  For example, if you and your spouse separated on February 12, 2001, you cannot file for your absolute divorce until February 13, 2002.  Then your spouse is served with the summons and complaint. 

        From the point of service, your spouse has 30 days in which to answer your Complaint and may even get a 30-day extension to answer your Complaint, making it 60 days before you can get a court date.  If your spouse does not choose to answer your Complaint, which he/she can do, we can file automatically for a court date after the 30-day answer period has lapsed.  It takes at least three weeks to get a court day in Guilford County (each county is different) from the time the 30-day answer period has lapsed or we receive an answer, thus making it at least seven to eight weeks before you actually obtain your absolute divorce. 

 NEVER PLAN A NEW WEDDING DATE UNTIL YOU HAVE YOUR DIVORCE JUDGMENT IN HAND!

After your divorce judgment is finalized and entered, you should consider the following:

             1.         If COBRA medical benefits are an issue, the employers through whom the benefits will be obtained, must be promptly notified that the divorce has taken place.  This should be done within sixty (60) days of the entry of the divorce judgment or the benefits may be lost forever.  It is our suggestion that you transmit to the personnel or human resources department of the relevant employer, a copy of the divorce judgment at your earliest convenience, so that the benefits are not lost.

             2.         Now that you are divorced, you should consider revising or making a Last Will and Testament.  Provisions about your property, including life insurance proceeds and trusts for your minor children, are issues which should be attended to as soon as possible after the entry of the divorce judgment.  We would be happy to refer you to an attorney who specializes in estate planning. 

            3.         Have you changes all of your life insurance to be consistent with the terms of your marital issues?  If there are no restrictions on the distribution of your life insurance proceeds, you may want to check to make certain that your former spouse is no longer listed on your retirement benefits, you may need to change the beneficiary on your retirement documents at work.

             4.         If there are no restrictions on your retirement benefits, you may need to change the beneficiary on your retirement documents at work.

             5.         If you child support or alimony is supposed to be paid through the Office of Centralized Child Support, be aware that there may be some “lag time” between the date the payments are ordered and the date you receive the check from the State.  If you are paying support by wage withholding, please keep in mind that there is a maximum percentage of your income when can legally be withheld; if that amount is less than your support obligation, you must directly pay the difference.

            6.         Please make sure that you understand what your present obligations arte to give full force and effect to any agreements you signed in your marital case.  If you have any questions, discuss them with your lawyer at Woodruff Law Firm, P.A. at your earliest opportunity, so that problems may be avoided.