What Are the Legal Grounds for Divorce in North Carolina?

In North Carolina, you can file for divorce on two grounds: separation or incurable insanity. Separation grounds arise when the spouses live apart and separately for at least one year before filing. In the case of incurable insanity, the couple must reside separately and apart for at least three years because of one person’s incurable insanity.

If you are considering divorce, contact The Law Offices of John Drew Warlick, P.A. We can review your situation, determine which grounds for divorce exist, and explain other important laws regarding divorce in North Carolina.

Is a No-Fault Divorce Possible in North Carolina?

Yes. State law allows a no-fault divorce if the divorcing couple meets these separation and residency requirements:

• At least one of the spouses has lived in the state for at least six months
• The spouses have resided separate and apart for one year

Incurable insanity is another ground for filing a no-fault divorce in North Carolina. This ground requires the spouses to live apart and separate for at least three consecutive years without cohabitation due to one spouse’s incurable insanity.

To proceed with a divorce because of incurable insanity, you must show your spouse:

• Has been confined for three years in a treatment institution
• Was confirmed by a judge to have been insane for at least three years before filing

Two reputable physicians must provide proof of the spouse’s incurable insanity. One of them must be the superintendent or a staff member of the institution where the insane spouse is confined. The other must be a physician who regularly practices in the community where the couple resides and doesn’t have a connection with the institution where the insane spouse is confined.

Is a Fault-Based Divorce Possible in North Carolina?

No. North Carolina’s no-fault grounds replaced the state’s previous fault-based system. However, there is a variation to a fault-based divorce that allows a couple to separate legally.

Filing for a divorce from bed and board (DBB) in North Carolina requires the petitioning spouse to prove the other spouse engaged in marital misconduct, such as adultery or abandonment. They must also prove they didn’t provoke the misconduct.

The judge can issue a DBB judgment after listening to the petitioning spouse’s arguments and reviewing the evidence of marital misconduct. However, the couple is still married. They must file for an absolute divorce eventually to legally dissolve the marriage.

What If My Spouse Does Not Want a Divorce?

You can proceed with your divorce even if your spouse doesn’t agree to it or refuses to sign the paperwork. However, you must give your spouse proper notice of the divorce.

That means you must serve them with the legal documents related to the petition for divorce, including the complaint and summons. You can attend a hearing before a judge to finalize the divorce. The judge can issue a final divorce decree even if your spouse doesn’t appear at the hearing.

What Are the Requirements for a Divorce from Bed and Board?

A judge might grant a divorce from bed and board if either spouse:

• Commits adultery
• Endangers the other’s life by cruel or barbarous treatment
• Abandons their family
• Uses alcohol or drugs excessively, making their life burdensome and the other spouse’s condition intolerable
• Maliciously turns the other out of the home
• Renders their life burdensome and conditions intolerable by imposing indignities on the other

Is North Carolina a 50/50 State When It Comes to Dividing Property in a Divorce?

No. North Carolina is an equitable distribution state. That means a judge divides a divorcing couple’s property according to what they deem equitable, or fair, given the circumstances. That doesn’t necessarily lead to a 50/50 split. For example, an unequal but fair distribution might require one spouse to receive a higher portion of a specific asset because their income is significantly lower than the other spouse’s income.

What Factors Will a Court Consider When Determining Alimony?

If a spouse asks for alimony, the court must consider whether the dependent spouse has the resources to become self-supporting and whether the other spouse can afford alimony payments. Then, the court must determine the amount and duration of alimony by reviewing factors such as:

• Each spouse’s relative earnings and earning capacities
• Each spouse’s age and mental, emotional, and physical conditions
• The length of the marriage
• Sources and amount of unearned and earned income of both spouses
• Either spouse’s marital misconduct
• One spouse’s contribution to the other’s training, education, or increased earning power
• The established standard of living during the marriage
• Each spouse’s relative liabilities and assets and their debt service requirements, such as legal support obligations
• The local, state, and federal tax consequences of an alimony award
• The separate property either spouse brought into the marriage
• One spouse’s contribution as a homemaker
• The effect of one spouse’s expenses, financial obligations, or earning power on serving as the custodial parent to a minor child
• Both spouse’s financial needs
• Each spouse’s relative education and the time necessary for the spouse seeking alimony to acquire sufficient training or education to find employment that meets their reasonable economic needs

Will I Have to Go to Court for a North Carolina Divorce?

Going to court might be necessary to resolve disputes you and your spouse face while negotiating the divorce terms. However, you might avoid costly and time-consuming litigation by participating in alternative dispute resolution (ADR).

Mediation is a common method of ADR that allows the spouses to meet with a neutral, unbiased third party to try to settle the matter outside of court. The mediator listens to both sides, points out strengths and weaknesses in each spouse’s case, and suggests ways of resolving the matter.

If you reach an agreement, the mediator can draft a settlement agreement you and your spouse can sign and file with the court for a judge to review before issuing your final divorce decree.

Whether you go through mediation or have to fight it out in court, it pays to have an experienced attorney to protect your rights and advocate on your behalf.

Contact a North Carolina Divorce Attorney

At The Law Offices of John Drew Warlick, P.A., we understand how difficult even an agreeable divorce can be. You need an advocate who will protect your rights and fight for your interests. Call or contact us online for a confidential consultation with a North Carolina divorce attorney.

Visit Our North Carolina Divorce Law Offices