Does Your Spouse Have to Accept or Agree to a Divorce in North Carolina?

Recently, a woman named Christina Pasqualetto made headlines when she went into a rage after her husband, Jon Pasqualetto, would not stop their divorce. She clearly did not want to get a divorce from her husband, but he insisted that a divorce was the best option for them and would not cancel the divorce. They had been separated for months, and he felt it was time to move forward.

In September 2023, Christina Pasqualetto was arrested by law enforcement officers for shooting her husband, Jon.

Even though Jon changed the locks to his home, Christina entered, and the two began arguing. He explained to her that he planned to still go forward with the divorce and was not going to back down from his decision, which is when she pulled out a gun, pointed it at him, and fired. Jon had to fight back to get her to let go of the gun, which is likely why he did not die from further gunshot wounds.

He rushed to his neighbor’s house and called 9-1-1. When police officers and emergency medical technicians arrived at the scene, they began treating Jon for his injuries and transported him by helicopter to a hospital. Jon explained to law enforcement officers that he put new locks on his doors, but the keys were nowhere to be found. It is believed that his wife took them. She also stole and forged a check for $10,000. As a result, Christina was arrested and charged with various crimes, such as aggravated assault, theft and forgery, and attempted first-degree murder.

Does your spouse have to accept a divorce in North Carolina?

It is obvious that you cannot go on a rampage and fight or kill your spouse because they want a divorce and you do not. However, you may be curious to know if you file for a divorce, does your spouse have to accept or agree to it? The answer to this question is no, your spouse does not have to accept or agree to the divorce. In fact, your spouse does not have to fill out or submit any paperwork, sign anything, or even attend the divorce court hearing if they do not wish to. The only thing that is a requirement during this process is that your spouse must be served with papers and provided with legal notice that you have filed for divorce.

If you believe that your spouse would never agree to or accept your divorce, this does not mean that you will be stuck in the marriage. You can proceed forward with the divorce on your own.

What is a no-fault divorce?

North Carolina is a no-fault divorce state. This means that individuals can file for a divorce without needing any proof of one spouse doing something wrong. Instead, you can simply state that you have irreconcilable differences or that you are no longer in love and would like to go your separate ways.

Are there any requirements to divorce in North Carolina?

While you do not have to provide a reason of wrongdoing to be granted a divorce, you do have to follow other requirements put in place by the state of North Carolina, which include:

• You and your spouse must have been separated and living apart from one another for at least one year before the divorce is granted.
• You or your spouse must have been living in North Carolina for at least six months before filing for the divorce.

How long does divorce take in Charlotte, NC?

The answer to this question can vary greatly from one couple to another. The reason for this is because every couple’s divorce case is unique and different. Therefore, depending on the facts and circumstances of your case and how cooperative your spouse is, you can typically expect your divorce to take a few months. When you work with a Charlotte divorce lawyer from Epperson Law Group, PLLC, we can help you form an actual timeline and learn about what exactly the process entails beforehand.

What if my spouse is trying to delay the divorce on purpose?

It is not uncommon for one spouse to delay the divorce process on purpose. However, if this is the case for you, it is important for you to know and understand that nothing your spouse does will keep you from getting the divorce you want in the end. They can file a counterclaim or even decline to respond to the divorce papers, but once you have proof that you and your spouse have been separated for at least one year, you can file for a divorce and plan to move forward with your life.

Your divorce attorney may be able to offer you professional legal advice about what to do when your spouse is being uncooperative and unwilling to work with you. Their advice may include filing for a default divorce, which gives you the right to make all the decisions. Another piece of advice that you may be given is to develop a settlement agreement with your spouse. Eventually, your divorce case will make its way to the courtroom, where a judge will listen to what is going on and make the final decision.

Should I get a protective order against my spouse before filing for divorce?

Some spouses may be hesitant to bring up wanting a divorce because they fear that their spouse will become angry and physically assault them. If you are afraid that this may happen to you when you file for a divorce, it is highly recommended that you seek a domestic violence protective order to protect you and your children during this time. A Charlotte family law attorney from our firm will listen to your story, help you begin the process of obtaining a protective order as quickly as possible, and ensure that your rights and safety are protected at all times.

The Charlotte divorce attorneys at the Epperson Law Group, PLLC have been assisting clients with divorces for more than a decade. Our team will do everything possible to speed up your divorce and ensure that the process remains as smooth as possible. Call or submit our contact form to schedule a consultation at one of our office locations in Boone, Weddington, Charlotte, and Concord today.