Jan12026
Family Law Q&A Series

What is the difference between an absolute divorce and a regular divorce, and why might the other party switch it at the last minute? – North Carolina

Short Answer

In North Carolina, “absolute divorce” is the standard court judgment that ends the marriage and changes both spouses’ legal status from married to single. People often say “regular divorce,” but North Carolina law mainly uses “absolute divorce” (ending the marriage) and “divorce from bed and board” (a fault-based court order that does not end the marriage). A spouse may switch to seeking (or pushing through) an absolute divorce at the last minute to change legal status quickly—or to gain leverage—because entry of an absolute divorce can affect important rights if certain claims were not filed before the divorce is granted.

Understanding the Problem

In North Carolina family law, what is the difference between an “absolute divorce” and what people call a “regular divorce,” and what happens when one spouse changes course right before the divorce is entered? The key decision point is whether the court is being asked to (1) end the marriage entirely, or (2) enter a different type of order that addresses separation-related misconduct without ending the marriage. Timing matters because some rights can be affected once the court enters an absolute divorce judgment.

Apply the Law

North Carolina generally uses the term absolute divorce to mean a court-ordered dissolution of the marriage. Once the court enters an absolute divorce judgment, the parties are no longer married and may remarry. North Carolina also recognizes divorce from bed and board, which is a fault-based remedy that can legally separate spouses and support related relief, but it does not dissolve the marriage. Absolute divorce is typically handled in the North Carolina District Court Division (often with the clerk able to enter judgment in limited, qualifying cases), and it can be granted only after the required facts are proven.

Key Requirements

  • Proper type of case: “Absolute divorce” ends the marriage; “divorce from bed and board” is a fault-based separation remedy that does not end the marriage.
  • Grounds and proof: Absolute divorce requires proof of a statutory ground (most commonly one-year separation, or incurable insanity) and the court must find the material facts before granting the divorce.
  • Protecting related claims before entry: Certain claims—especially equitable distribution—can be lost if not asserted before the absolute divorce judgment is entered.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The question describes a last-minute switch between “absolute divorce” and what is being called a “regular divorce.” In North Carolina, “absolute divorce” is the standard divorce that ends the marriage, while “divorce from bed and board” is a different remedy that does not end the marriage and requires fault-based grounds. A last-minute switch often signals a strategy change about timing and which rights need to be preserved before the absolute divorce judgment is entered, especially property division (equitable distribution) and support-related claims.

Why someone might switch to (or push through) absolute divorce at the last minute

  • To change legal status quickly: Absolute divorce changes both spouses from married to single. If a spouse wants the marriage legally over as soon as possible, they may push an absolute divorce to judgment once the statutory ground exists.
  • To create pressure around property claims: North Carolina law can cut off the right to equitable distribution if it is not asserted before the absolute divorce judgment is entered (with limited exceptions). That risk can motivate a spouse to rush the absolute divorce—or motivate the other spouse to delay it until property claims are filed.
  • To manage support litigation posture: Absolute divorce does not automatically erase every support issue, but timing and how claims are filed and kept “pending” can matter. A spouse may switch strategies if a support claim is not properly on file, was dismissed, or needs to be preserved before the divorce is granted.
  • To avoid or narrow fault-based litigation: If one spouse initially pursued a fault-based remedy (like divorce from bed and board) to address misconduct, they may later decide the faster or cleaner path is absolute divorce—especially if the goal is simply to end the marriage rather than litigate fault.

Process & Timing

  1. Who files: Either spouse. Where: North Carolina District Court Division (filed with the Clerk of Superior Court in the county where venue is proper). What: A complaint requesting absolute divorce (and any other claims that must be preserved, such as equitable distribution or alimony). When: Absolute divorce is typically available after the statutory ground exists (most commonly one-year separation). If equitable distribution is needed, it generally must be asserted before the absolute divorce judgment is entered.
  2. Proving the case: The court must find the required facts before granting the divorce. In some absolute divorce cases, the court can decide the matter based on sworn written evidence (like affidavits), and in limited qualifying cases the clerk may enter the judgment.
  3. Entry of judgment and effects: Once the judgment is entered, the marriage ends and the legal effects in N.C. Gen. Stat. § 50-11 apply, including the risk that certain unasserted marital rights (especially equitable distribution) may be lost.

Exceptions & Pitfalls

  • Mixing up “absolute divorce” with “divorce from bed and board”: Divorce from bed and board is not a “regular divorce” that ends the marriage. It is a separate, fault-based remedy with different goals and proof requirements.
  • Waiting too long to file equitable distribution: If the absolute divorce judgment is entered before equitable distribution is asserted, the right to equitable distribution can be lost (with limited statutory exceptions in specific situations).
  • Assuming support claims automatically survive: Support issues can be highly sensitive to how claims are filed and whether they remain pending at the time of absolute divorce. A last-minute switch can expose problems if a claim was never filed, was dismissed, or was not properly preserved.
  • Jurisdiction and service problems: Defenses to absolute divorce are limited, but issues like lack of jurisdiction or improper service can delay or derail a last-minute attempt to enter judgment.

Conclusion

In North Carolina, “absolute divorce” is the standard court judgment that ends the marriage, while “divorce from bed and board” is a fault-based separation remedy that does not end the marriage. A last-minute switch often happens because timing affects legal status and can affect important rights—especially the need to assert equitable distribution before the absolute divorce judgment is entered. The most important next step is to file any needed related claims (such as equitable distribution) in the same case before the court enters the absolute divorce judgment.

Talk to a Family Law Attorney

If a spouse is pushing an absolute divorce at the last minute, it can affect property division and support strategy. Our firm has experienced attorneys who can help explain options, preserve key claims, and track deadlines. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Family Law Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.