Get a Fast Uncontested Divorce in North Carolina

Grounds for Divorce in North Carolina

North Carolina recognizes both no-fault and fault-based grounds for divorce, offering flexibility depending on individual circumstances.

No-Fault Grounds for Divorce

• One-Year Separation: The only no-fault ground in North Carolina. It requires the spouses to live separately and apart for one uninterrupted year, with no intention of resuming the marriage. Cohabitation during this period can reset the clock.

Fault-Based Grounds for Divorce (Divorce from Bed and Board)

In North Carolina, a divorce from bed and board is a form of legal separation that requires proving fault. It can be filed on the following grounds:

• Abandonment: One spouse willfully leaves the other without justification and with the intent of ending the cohabitation.
• Malicious Turning Out-of-Doors: One spouse forces the other out of the marital home without justification.
• Cruel or Barbarous Treatment: One spouse endangers the other’s life or health, making cohabitation unsafe.
• Indignities: One spouse subjects the other to humiliating or degrading treatment, rendering their condition intolerable.
• Excessive Drug or Alcohol Use: Habitual drunkenness or drug use that makes the life of the other spouse intolerable.
• Adultery: One spouse engages in voluntary sexual intercourse with someone other than their spouse.

Key Points

• One-Year Separation as a Common Ground: Most divorces in North Carolina are filed under the one-year separation rule, which simplifies the process.
• Divorce from Bed and Board Implications: Fault-based grounds can impact the division of marital property, spousal support, and child custody arrangements.
• Residency Requirements: To file for divorce in North Carolina, one spouse must have lived in the state for at least six months before filing.

Conclusion

Understanding the grounds for divorce in North Carolina is important for anyone considering ending their marriage in the state. Whether opting for a no-fault divorce based on one-year separation or citing fault-based grounds for divorce from bed and board, it's crucial to consider how the grounds might affect the divorce process, including financial settlements and child custody decisions. Consulting with a legal professional can provide guidance tailored to an individual's specific situation.