Can You Get a Divorce Without Your Spouse’s Consent in North Carolina?

Absolutely. In North Carolina, you can file for a no-fault divorce once you and your spouse have lived separately for one year and one day prior to filing. You do not need your spouse’s consent. Though they must be served with the appropriate paperwork, you will not need their signatures or cooperation.

That said, divorces can still be legally and factually complicated. Therefore, it is important to work with an experienced family law attorney that can help you navigate things like property division, alimony, child custody, and child support. The Law Offices of John Drew Warlick, P.A., is here to make sure you know your rights and that the divorce process goes as smoothly as possible. Contact us today to learn more in a free, confidential consultation.

Is a No-Fault Divorce Possible in North Carolina?

Yes. It is possible to secure a divorce in North Carolina without alleging any wrongdoing on the part of your spouse. This is known as a “no-fault divorce.”  In North Carolina, a no-fault divorce may only be granted “if and when the husband and wife have lived separate and apart for one year, and the plaintiff or defendant in the suit for divorce has resided in the State for a period of six months.”

Is a Fault-Based Divorce Possible in North Carolina?

Interestingly, no. Most states provide statutory grounds for securing a fault-based divorce. North Carolina, however, does not. Spouses seeking a divorce must simply satisfy the one-year waiting period. If they are stuck in an abusive situation during the waiting period, they may seek protection through a “Divorce from Bed and Board.” More on this below.

However, though a fault-based divorce is not possible in North Carolina, the state does recognize “incurable insanity” as a distinct ground for divorce. Specifically, either spouse may request a divorce if they and the other spouse “lived separate and apart for three consecutive years, without cohabitation, and are still so living separate and apart by reason of the incurable insanity.” The requesting spouse must provide evidence that the other spouse is suffering from incurable insanity.

How is a “Divorce from Bed and Board” Different?

A “Divorce from Bed and Board”(DBB) is not a divorce at all. Rather, it is a more limited, court-enforced legal separation. Though a DBB does not end a marriage, it is a way to protect you from abuse by having a court order that your spouse remove themselves from the family home. According to the governing statute, a DBB may be granted if either spouse:

1. Abandons their family.
2. Maliciously kicks the other out of the family home.
3. Endangers the life of the other through cruelty.
4. Makes the other spouse’s condition “burdensome” and “intolerable” through mistreatment.
5. Abuses alcohol or drugs.
6. Commits adultery.

How Is Marital Property Divided in a North Carolina Divorce?

Marital property includes all real and personal property acquired by either spouse during the marriage but before the date of separation. It can also include things like pensions, retirement accounts, and debts. Separate property, on the other hand, is any property that was acquired before the marriage, as well as by gift or inheritance during the marriage. Separate property is not subject to division in a divorce.

In the United States, marital property is divided according to one of two systems: community property or equitable apportionment. In states that follow the community property model, all assets acquired during a marriage are considered to be jointly owned by the spouses. Accordingly, it is typically divided equally between the spouses when the marriage ends. Only a minority of states apply this model.

By contrast, courts in states that follow the equitable apportionment model will divide marital property in a way that is “fair and just.” This is the system in place in North Carolina. Courts will weigh many factors when determining what is fair and just. As a bottom line, equitable apportionment does not always result in equal distribution of property.

What Factors Are Considered When Determining Post-Separation Support and Alimony?

When determining post-separation support and alimony, North Carolina courts consider a variety of factors prescribed by statute. These factors include the following:

• Earning capacity of each spouse – This includes the present and future earning capacity of each spouse, taking into account their education, training, and experience.
• Standard of living during the marriage – Courts will consider the standard of living that the couple enjoyed during their marriage. They will try to maintain that standard for the spouse in need of support.
• Duration of the marriage – The longer a marriage lasts, the greater the likelihood that a court will grant alimony when it ends.
• Age, health, and economic circumstances of each spouse – Courts will consider each spouse’s age, health, and financial affairs, including any assets and debts they may have.
• Conduct of the parties during the marriage – Finally, courts will consider any wrongful conduct by either party during the marriage that may have given rise to the separation.

Contact a North Carolina Divorce Lawyer

If you are considering filing for a divorce in North Carolina, you should seek advice from an experienced divorce lawyer who can make sure you know your rights and guide you through the legal process during what is likely an emotionally fraught time in your life. Among other things, your attorney can tell you more about the various factors a court will consider when dividing marital property, ordering post-separation support, and assigning child custody.

For three generations, the family law attorneys at The Law Offices of John Drew Warlick, P.A., have helped North Carolinians navigate the law governing even the most sensitive areas of their lives. Our compassionate attorneys understand how turbulent and emotionally exhausting a divorce can be. We have the experience, resources, and skills to make sure the process goes as smoothly as possible and to help you move forward with your life. Contact us today to schedule a free consultation with a knowledgeable North Carolina divorce lawyer.

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