Charlotte Divorce Lawyer Blog
How Soon Can I Remarry After a Divorce in North Carolina?
In today’s complex world, marriages don’t always last forever. When a marriage ends in divorce, it is possible that each spouse will get married again. A third to a half of those who get divorced will remarry. Sometimes, a person wants to get married again as soon as possible. This is especially true in cases where couples have lived apart for a long period of time. An experienced North Carolina divorce attorney will help you through the process.
Absolute Divorce
In North Carolina, divorce is called absolute divorce. It is different from divorce from bed and board, which is more like a legal separation. Once granted, an absolute divorce means that your marriage is officially ended and you are then free to move on, including remarriage. It is helpful to understand the difference between absolute divorce and divorce from bed and board. If you obtain a divorce from bed and board, you divide and settle your property and become completely apart from your spouse financially, but you are still legally married.
One-Year Separation Period
North Carolina requires couples to live apart for a period of at least one year before they may divorce. During this time, parties are physically separated, but they are still married. You cannot file for divorce until the one-year period is complete. You must separate with the intent of divorcing. If you get back together during the one-year time frame and later decide to divorce, you must begin the separation period again.
No-Fault Divorce
North Carolina offers a no-fault divorce. No-fault divorce means that neither party has caused the divorce, and the couple has irreconcilable differences. Irreconcilable differences mean that the relationship is no longer viable and the marriage cannot be saved. A no-fault divorce makes the process easier and less complicated because parties do not need to prove any wrongdoing on the part of the other.
Uncontested Divorce
An uncontested divorce is also sometimes called a simple divorce. This means that you and your spouse are in agreement and that both want to end your marriage. An uncontested divorce is often the easiest option and may make your divorce proceed smoothly. Even when a divorce is uncontested, both parties still need to work together to resolve the basic settlement terms such as the distribution of assets and debts, child custody and visitation, and spousal maintenance. When parties agree to the settlement terms, it will streamline the process. This will make it faster to get a divorce and allow you to remarry.
When May I Remarry After Divorce?
A person is free to get married again only after they have a divorce decree or order from the court. The judge will review the details of the case and make sure that the settlement terms are fair and accurate. When the final hearing takes place, the judge will sign a divorce order. The divorce will then be recorded in the records. Once the divorce is final, both parties are allowed to remarry. If you are going through a separation or divorce, it is helpful to seek guidance from a qualified family law attorney. Call us today at Arnold & Smith, PLLC, at (704) 370-2828 to request a consultation.
The family law practice group at Arnold & Smith, PLLC includes two Board-Certified Family Law specialists and one Child Welfare Law specialist, as well as several attorneys with many years of family law experience that are committed to providing a powerful voice to individuals facing the often-tumultuous issues in this area of law. The range of issues our family law clients may be facing include pre- and post-nuptial agreements; separation agreements; post-separation support; child support (both temporary and permanent); absolute divorce; divorce from bed and board; military divorce; equitable distribution of assets; child custody (both temporary and permanent); retirement benefits and divorce; alimony and spousal support; adoption; and emancipation. Because this area of the law is usually emotionally charged and complicated, the family law attorneys at Arnold & Smith, PLLC act with the utmost dedication to ensure that each client understands his or her options, and then act to achieve the best result possible for that client’s particular situation.
Source:
https://www.nccourts.gov/help-topics/divorce-and-marriage/separation-and-divorce
https://www.law.cornell.edu/wex/irreconcilable_differences
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