What if my spouse does not want the divorce?
What if my spouse does not want the divorce? In North Carolina, you can obtain a divorce whether or not your spouse wants to be divorced, as long as you have been separated for at least one continuous year and a day, one of the two of you intended the separation to be permanent and it the separation has remained permanent and the divorce complaint paperwork has been correctly processed.
Regardless of you or your spouse’s feelings, North Carolina does not require anymore more than a separation and the intent of one of the parties to remain separate and apart. Oftentimes a person will come into my office not even knowing that their spouse intended the separation to remain permanent. These occasions usually occur when a spouse works and resides out-of-state or outside the country while one remains in North Carolina in the marital home or to raise the parties’ children.
Evidence of intent can prevent a divorce from occurring faster than it should, but if a spouse wants a divorce it will happen once the statutory factors are met.
If your spouse is attempting to push through with the divorce prior to the set period of separation, there could be very sneaking reasons including attempting to circumvent the law, trying to get away without providing you with your portion of the property, or attempting to get away without providing support to you or your family.