When filing for divorce, it is important to identify the reason for your divorce, which is also called the “ground.” Like other states, North Carolina used to allow divorce in only narrow situations, but the state’s laws have liberalized over the decades. Today, you can get a divorce without needing to identify a fault ground.
Below, we look at the grounds for divorce in North Carolina, including the popular no-fault option. Call Remington & Dixon today to speak with a Charlotte, NC divorce lawyer. We can guide your case through the divorce court and begin finding evidence in support of your case.
What Are Grounds for Divorce in North Carolina?
The state recognizes both no-fault and fault-based legal separation. Let’s look at them.
No-Fault Divorce in North Carolina: Requirements
The state’s no-fault option allows you to file for divorce without proving fault. In other words, you don’t need to blame your spouse for the marriage breaking down. However, North Carolina only allows no-fault divorce if you live physically separate and apart from your spouse in different residences for at least one year.
In other states, a spouse may be able to simply state that the marriage is irretrievably broken and immediately request a divorce. But North Carolina has followed a different path. You must live apart from your spouse for at least one year, with the intent of remaining separated at all times.
You do not have to file for divorce to start the one-year clock. But at least one spouse must move out of the house and establish another home. If a couple gets back together and begins living together again at any point during the year, then the clock will need to start all over again.
Living separately and apart can feel like a burdensome task. It is more expensive to keep two households, and you might struggle shuttling the children between two homes. However, you can establish custody, child support, and even alimony for your separation. Call our office to find out more.
Incurable Insanity as a Ground for Divorce
North Carolina General Statute 50-5.1 provides for divorce based on incurable insanity. The statute requires that you live separately and apart for at least three years. This durational requirement is longer than the time you must live apart for a no-fault divorce, so few people seek this option.
Fault Grounds for Divorce in North Carolina
Are there other fault grounds for seeking divorce? Yes and no. The fault grounds only provide reasons for seeking “divorce from bed and board,” not an absolute divorce. Being divorced from bed and board is essentially a legal separation in North Carolina. Even if the court grants the “divorce,” you remain married, so this is not a popular option.
You can find the fault grounds for divorce from bed and board in N.C. Gen. Stat. 50-7:
- Cruel treatment
- Alcoholism or excessive drug use
- Adultery
- Abandonment
As mentioned, however, you will not be able to remarry if you seek divorce from bed and board. Most of our clients are interested in seeking to become single again.
Are There Advantages to Filing a Fault Divorce?
Not really, especially if you are hoping to remarry or to cut all legal ties to your spouse. North Carolina’s divorce from bed and board is really a type of court-ordered separation. And few people will live apart for three years to claim incurable insanity as a ground.
Of course, there are situations where proving adultery or cruelty will be to your advantage in a divorce. The good news is you can raise these issues in a no-fault divorce.
For example, if your spouse was unfaithful, you might bring this up when requesting alimony or more than half of the marital property. Suppose your spouse blew assets on a new mistress. You can point that fact out to a judge.
Adultery also impacts alimony. Under N.C. Gen. Stat. 50-16.3A, a judge will deny alimony if only the dependent spouse committed adultery. Similarly, the judge will grant alimony to a dependent spouse if only the supporting spouse committed adultery.
An abusive spouse is also at a disadvantage when it comes to child custody. You can present evidence of the abuse during the divorce proceeding. A judge might award you custody for this reason.
You don’t have to file for divorce from bed and board (separation) to raise these issues. You can just bring them up in the course of a no-fault divorce. Remember, a no-fault divorce does not mean it is “uncontested.” Spouses usually disagree about important issues, even if they file a no-fault divorce after living apart for a full year. The judge will still need to determine certain issues, such as alimony, child custody, child support, and the division of marital property.
Contact Our Law Firm Today
Filing for a divorce is an important step that requires thought and reflection. Contact our office to schedule a consultation to discuss your marriage. Remington & Dixon, PLLC, is an established law firm handling divorce in North Carolina. Our firm can discuss whether to file for no-fault divorce and how to establish a new home. We can handle all the legal paperwork involved and represent you in court. Our firm helps men and women in the 28207 zip code, as well as surrounding communities in Cabarrus, Mecklenburg, and Union County. Contact us today at 704-247-7110 for a consultation.
