legal separation to divorce

[tinamnunes]

My son and his wife lived in North Carolina and filed for a separation of living almost a year ago. My son is in the army and the (free army legal assist) did their paperwork and it was filed sometime in June or July.

Both my son and his wife now reside in California but do not talk to nor see one another. There are no children and their assets have already been divided. The wife still gets his housing pay of about $8-900/mth.

My questions is : Does N. Carolina separation immediately turn into a divorce if the two parties do not dispute it? Does the two parties have to re-submit or file new forms for the divorce?

Any help would be greatly appreciated.

[Golfball]

Originally Posted by tinamnunes

My son and his wife lived in North Carolina and filed for a separation of living almost a year ago. My son is in the army and the (free army legal assist) did their paperwork and it was filed sometime in June or July.

Both my son and his wife now reside in California but do not talk to nor see one another. There are no children and their assets have already been divided. The wife still gets his housing pay of about $8-900/mth.

My questions is : Does N. Carolina separation immediately turn into a divorce if the two parties do not dispute it? Does the two parties have to re-submit or file new forms for the divorce?

Any help would be greatly appreciated.

Short answer: NC separation (which does not require an actual court filing) does not automatically turn into a divorce after the 1 year separation is up, divorce in NC requires a separate filing once the 1-year separation is up.

Given the information you have stated (however, one or the other should post here), they no longer qualify for NC residency for the purposes of divorce, and should file in their state of residency.