Divorce Law: Grounds for Divorce in North Carolina

May 5, 2023 Amanda

Divorce Law: Grounds for Divorce in North Carolina

Grounds for Divorce	Description
One Year Separation	The couple has lived separate and apart for at least one year with the intention of remaining apart.
Adultery	One spouse engaged in sexual intercourse with someone other than their spouse during the marriage.
Abandonment	One spouse has abandoned the other for at least one year without justification.
Drug or Alcohol Abuse	One spouse has become addicted to drugs or alcohol and the other spouse cannot continue living with them.
Cruel and Inhuman Treatment	One spouse has treated the other in a way that makes it unsafe or unhealthy to continue living together.
Insanity	One spouse has been declared legally insane for at least three years and there is no hope for recovery.

Introduction

The most common ground for divorce in North Carolina is separation. Couples must live separately for at least one year before filing for divorce based on this ground. However, there are additional grounds available under certain circumstances:

Adultery
Desertion
Cruelty or domestic violence
Drug addiction or habitual drunkenness

If you are considering filing for divorce in North Carolina, it’s crucial to understand these different grounds and how they may apply to your situation. Working with an experienced family law attorney can help ensure that your rights are protected throughout the process.

Brief overview of divorce law in North Carolina

It’s important to note that North Carolina is also considered an equitable distribution state. This means that assets acquired during marriage are divided equitably between spouses upon divorce. Equitable does not necessarily mean equal; rather, it means what is fair given the circumstances of each case. Other factors such as contributions made by each spouse to the acquisition of marital property and their earning potential may also be taken into consideration when dividing assets.

Overall, obtaining a divorce in North Carolina can involve complex legal issues and emotional challenges. Working with an experienced family law attorney can help you navigate this process more smoothly and ensure your rights are protected throughout every step.

Importance of understanding grounds for divorce

Given these factors, it’s important to carefully consider which grounds apply to your situation before moving forward with a divorce. An experienced family law attorney can help guide you through this process and ensure that your rights are protected every step of the way.

Absolute Divorce

North Carolina recognizes two types of divorce: absolute and divorce from bed and board. An absolute divorce is a complete dissolution of the marriage, while a divorce from bed and board is more like a legal separation.

To obtain an absolute divorce in North Carolina, you must meet the following requirements:

You or your spouse must have been a resident of North Carolina for at least six months prior to filing for divorce.
The couple must be separated for at least one year before filing if using the grounds of separation. Other grounds may require different timeframes.

If these requirements are met, you can file for an absolute divorce with the court. Working with an experienced family law attorney can help ensure that all necessary steps are taken to protect your rights throughout this process.

Definition of absolute divorce

In North Carolina, an absolute divorce is the legal termination of a marriage. This means that once an absolute divorce is granted, both parties are free to remarry or enter into another domestic partnership. It’s important to note that obtaining an absolute divorce does not necessarily resolve all issues related to the end of a marriage, such as property division and child custody.

There are several requirements that must be met in order to obtain an absolute divorce in North Carolina:

Either spouse must have been a resident of North Carolina for at least six months prior to filing for divorce
The couple must have lived separately and apart for at least one year prior to filing (or three years if only one spouse wants the divorce)
All issues related to property division, alimony, and child custody/support must be resolved before filing

Grounds for absolute divorce

If you are considering filing for an absolute divorce in North Carolina based on one of these fault-based grounds it’s crucial that you work with an experienced family law attorney who can help guide you through this process. They can ensure that all relevant evidence is presented effectively in court while protecting your rights throughout every step of the process.

One-year separation

As previously mentioned, the most common ground for divorce in North Carolina is one-year separation. This means that a couple must have lived separately and apart for at least one year before filing for divorce based on this ground.

It’s important to note that living separately does not necessarily mean living in different homes. Couples can still be considered separated if they live under the same roof but no longer engage in marital relations and maintain separate bedrooms.

If you are considering using one-year separation as your grounds for divorce, it’s crucial to keep accurate records of when you began living separately from your spouse. You may also need to provide evidence such as bank statements or utility bills showing separate residences or other proof of physical separation.

Incurable insanity

In North Carolina, one of the grounds for divorce is incurable insanity. This means that if your spouse has been declared legally insane and will never be able to recover from their mental illness, you may file for divorce on this ground.

It’s important to note that establishing incurable insanity can be a complex legal process. You will need to provide medical evidence and testimony from a qualified physician in order to prove that your spouse meets the legal definition of incurably insane.

If you are considering filing for divorce based on this ground, it’s crucial to work with an experienced family law attorney who can guide you through the process and help ensure that your rights are protected every step of the way.

Adultery

One of the grounds for divorce in North Carolina is adultery. Adultery occurs when one spouse engages in voluntary sexual intercourse with someone who is not their spouse while still married.

If you are considering filing for divorce based on adultery, there are a few important things to keep in mind:

You must have evidence that your spouse engaged in sexual activity outside of the marriage.
The burden of proof is on the accusing party, meaning that you will need to provide sufficient evidence to prove that adultery occurred.

Cruelty

Cruelty is one of the grounds for divorce in North Carolina. However, it can be difficult to prove and may require the assistance of an experienced family law attorney.

In general, cruelty refers to behavior that endangers or seriously injures the mental or physical health of a spouse. This can include:

Physical violence
Verbal abuse
Intentionally withholding basic necessities such as food, water, or medical care
Mental and emotional abuse such as constant belittling or humiliation

If you believe that cruelty has been a factor in your marriage and are considering filing for divorce on these grounds, it’s important to work with an experienced attorney who can help you build a strong case and ensure your rights are protected throughout the process.

Felony conviction and imprisonment

If these requirements are met, the innocent spouse may file for divorce based on their imprisoned partner’s felony conviction. It’s important to note that this ground does not require proof of fault or wrongdoing on the part of either party; rather, it is simply an option available under certain circumstances.

Requirements for obtaining absolute divorce

Once these requirements are met, either spouse can file a complaint for absolute divorce. From there, the process can involve negotiations between both parties or even litigation if issues cannot be resolved amicably.

It’s important to work with an experienced family law attorney during this time to ensure your rights and interests are protected. An attorney can help guide you through negotiations and represent you in court if necessary.

Divorce from Bed and Board

If you are considering filing for either type of divorce in North Carolina, it’s important to understand your rights and options under state law. An experienced family law attorney can help guide you through this process and ensure that your interests are protected every step of the way.

Definition of divorce from bed and board

In North Carolina, there is also the option of obtaining a divorce from bed and board. This type of divorce is also known as a legal separation and allows spouses to live separately while remaining legally married.

Divorce from bed and board may be an option in situations where one spouse has committed marital misconduct such as abandonment, cruel treatment or infidelity. In order to obtain this type of divorce, the injured spouse must prove that they are entitled to it based on one of these grounds.

It’s important to note that while divorce from bed and board does not dissolve the marriage itself, it does provide certain legal protections for the injured spouse, such as the ability to request spousal support or divide property. An experienced family law attorney can help you determine if this type of divorce is appropriate for your situation.

Grounds for divorce from bed and board

If you are considering pursuing a divorce from bed and board in North Carolina, it’s important to understand your rights and obligations under this legal arrangement. An experienced family law attorney can help guide you through this process and ensure that your interests are protected at all times.

Abandonment

In North Carolina, abandonment is a legal term used to describe when one spouse leaves the marital home without the consent of the other spouse and does not intend to return. This can be an important factor in determining grounds for divorce.

Abandonment can occur in several different ways, including:

Physical abandonment: When one spouse physically moves out of the marital home and does not plan on returning
Constructive abandonment: When one spouse refuses to have sexual relations with their partner or otherwise neglects their duties as a married person, such as providing financial support

If you are considering filing for divorce based on abandonment, it’s important to work with an experienced family law attorney who can help you understand your rights and obligations under North Carolina law.

Malicious turning out of doors

In North Carolina, one of the grounds for divorce is malicious turning out of doors. This means that if your spouse has turned you out of your home with the intention of forcing you to leave and without justification, this may be considered a ground for divorce.

Malicious turning out of doors can involve physical violence or threats, but it can also include other forms of coercion such as cutting off financial support or changing the locks on the marital home.

If you believe that you have been a victim of malicious turning out of doors and are considering filing for divorce based on this ground, it’s important to work with an experienced family law attorney who can help protect your rights and advocate for your interests throughout every step of the process.

Cruel or barbarous treatment

Cruel or barbarous treatment is another ground for divorce in North Carolina. This can include physical, emotional, or psychological abuse by one spouse towards the other. It’s important to note that a single instance of such behavior may not be enough to constitute cruel or barbarous treatment; rather, it must be ongoing and severe.

If you are considering filing for divorce on this ground, it’s crucial to gather evidence of the mistreatment you have endured. This can include police reports, medical records, witness statements from friends or family members who have observed the abuse firsthand, and even photographs of injuries.

Indignities rendering life burdensome

If you believe you may have grounds for divorce based on indignities rendering life burdensome, it’s essential to speak with an experienced family law attorney who can help guide you through this process and protect your rights every step of the way.

Requirements for obtaining divorce from bed and board

In addition to traditional divorce, North Carolina also allows for a legal separation known as “divorce from bed and board.” This type of separation is not an actual divorce, but rather a court-ordered decree that the spouses live separately.

To obtain a divorce from bed and board in North Carolina, certain requirements must be met:

The spouse seeking the separation must prove one of the available grounds for fault-based divorce (adultery, abandonment, cruel treatment or indignities).
The couple must have lived separate and apart for at least one year prior to filing.

A divorce from bed and board can address many of the same issues as traditional divorce proceedings including property division, alimony, child custody and support. However, it does not legally end the marriage so neither party may remarry while still separated under this order. It’s important to work with an experienced family law attorney when considering this option.

Alimony

Alimony, also known as spousal support, is another important aspect of divorce law in North Carolina. It’s designed to help ensure that both spouses are able to maintain a similar standard of living following the divorce. However, alimony is not awarded automatically and must be requested by one spouse and granted by the court.

There are several types of alimony available under North Carolina law:

Post-separation support – temporary support payments made while the divorce is pending
Rehabilitative alimony – temporary support payments made to allow a dependent spouse time to acquire new skills or education necessary for employment
Permanent alimony – ongoing support payments made until certain events occur such as remarriage or death

The amount and duration of alimony can vary widely depending on factors such as the length of marriage, each spouse’s earning capacity and contributions made during the marriage. An experienced family law attorney can help you understand your rights and obligations related to alimony in your specific situation.

Definition of alimony

Another important aspect of divorce law in North Carolina is alimony. Alimony, also known as spousal support, is a payment made by one spouse to the other after divorce. The purpose of alimony is to help provide financial support for the lower-earning spouse and ensure that both spouses are able to maintain a similar standard of living after the divorce.

In North Carolina, there are several different types of alimony that may be awarded:

Post-separation support: This type of alimony can be awarded while the divorce case is still ongoing and before a final judgment has been entered. It’s intended to help provide temporary financial support until a final order can be put in place.
Rehabilitative alimony: This type of alimony is designed to help one spouse become self-supporting over time. For example, it might be used to pay for education or job training so that the recipient spouse can increase their earning potential and become more financially independent.
Permanent alimony: As its name suggests, permanent alimony lasts indefinitely unless there’s some change in circumstances (such as remarriage). It’s usually only awarded in long-term marriages where one spouse earns significantly less than the other.

Types of alimony

The specific type and amount of alimony that may be awarded in any given case will depend on a variety of factors. Working with an experienced family law attorney can help ensure that your rights are protected throughout this process and that you receive fair treatment under North Carolina’s laws governing spousal support.

Post-separation support

If you believe you may be entitled to post-separation support or if your ex-spouse has requested it from you, it’s important to work with an experienced family law attorney who can help protect your interests and ensure that any award is fair and appropriate given the circumstances.

Alimony pendente lite

Another important aspect of divorce law in North Carolina is alimony pendente lite. This refers to temporary support payments that can be awarded during the separation period but before a final divorce decree is issued.

The purpose of alimony pendente lite is to provide financial assistance for the dependent spouse during the divorce process, particularly if they have limited access to marital assets or income. Factors such as each spouse’s earning capacity and needs are taken into consideration when determining the amount of support.

If you believe you may be entitled to alimony pendente lite, it’s important to speak with an experienced family law attorney who can help you understand your rights and navigate this aspect of the divorce process.

Permanent alimony

Another important aspect of divorce law in North Carolina is the possibility of permanent alimony. This type of alimony may be awarded to a dependent spouse who is unable to support themselves after divorce, and it continues until death or remarriage.

In order for permanent alimony to be considered, the following factors must generally be present:

The dependent spouse lacks sufficient property or income to meet their reasonable needs
The supporting spouse has the ability to pay
The marriage lasted for a significant period of time
The dependent spouse made contributions during the marriage that contributed significantly to the other spouse’s earning capacity or increased their value as an individual

It’s important to note that every case is different and there are no guarantees when it comes to spousal support. Working with an experienced family law attorney can help ensure that your rights are protected throughout this process.

Factors considered in awarding alimony

There are several different types of alimony that can be awarded in North Carolina, including:

Post-separation support: Temporary support provided after separation but before divorce proceedings have concluded.
Rehabilitative alimony: Support intended to help a financially dependent spouse become self-sufficient through education or job training.
Lifetime alimony: Ongoing support payments for an indefinite period of time.
Lump sum payment: A one-time payment made instead of ongoing support payments.

If you are considering filing for divorce in North Carolina and believe that you may be entitled to receive or required to pay spousal support, it’s important to consult with an experienced family law attorney who can help guide you through this complex process.

Property Division

When it comes to property division in North Carolina, the state follows the principle of equitable distribution. This means that any assets or debts acquired during the course of a marriage will be divided between spouses in an equitable manner upon divorce.

It’s important to note that equitable does not necessarily mean equal; rather, it means what is fair given the circumstances of each case. Factors such as each spouse’s income and earning potential, contributions made by each spouse to the acquisition of marital property, and other relevant considerations may all play a role in determining how assets are divided.

In some cases, one spouse may be awarded more assets than the other due to factors such as significant disparities in income or earning potential. However, this decision must be based on specific legal criteria and cannot simply be made arbitrarily. An experienced family law attorney can help you understand your rights when it comes to property division and work with you towards achieving an outcome that is fair and just for all parties involved.

Equitable distribution

It’s essential to work with a skilled family law attorney who can help you understand your rights and ensure that any division of assets is fair given your unique circumstances. They can also help you negotiate favorable terms for child custody, alimony, and other key issues related to your divorce.

Marital property vs. separate property

If you’re unsure whether an asset is considered marital or separate property in your case, working with an experienced family law attorney can help provide clarity and protect your interests throughout the division process.

Factors considered in equitable distribution

It’s important to keep in mind that equitable distribution does not necessarily mean equal distribution. Depending on the specific circumstances, one spouse may be entitled to a larger share of marital assets than another. Consulting with an experienced family law attorney can help ensure that your interests are protected throughout this process.

Division of debts

In addition to dividing assets, it’s also important to consider the division of debts in a divorce. In North Carolina, marital debts are divided equitably between spouses just like marital property. This means that debts acquired during marriage may be split fairly between both parties upon divorce.

It’s crucial to work with an experienced family law attorney when dividing debts in a divorce as this can often be complex and involve negotiating with creditors. Your attorney can help ensure that you are not unfairly burdened with more than your fair share of debt.

Child Custody

In some cases, joint custody may be awarded, allowing both parents to share decision-making responsibilities for their children. However, if one parent has been deemed unfit or unable to care for their children properly, sole custody may be awarded to the other parent.

If you are facing issues related to child custody during your divorce proceedings in North Carolina, it’s essential that you work with an experienced family law attorney who can help protect your rights and ensure that your children’s best interests are taken into account throughout every step of the process.

Types of custody

North Carolina courts often encourage joint custody arrangements whenever possible. However, if one parent is deemed unfit or unable to provide adequate care for the child, sole custody may be awarded to the other parent. An experienced family law attorney can help you understand your rights and options when it comes to determining custody arrangements in your particular case.

Legal custody

When it comes to divorce law in North Carolina, legal custody is another important consideration for couples with children. Legal custody refers to the right and responsibility of parents to make major decisions about their child’s upbringing, such as medical care, education, and religious upbringing.

In North Carolina, there are two types of legal custody:

Sole legal custody: One parent has the exclusive right to make major decisions regarding the child’s upbringing.
Joint legal custody: Both parents share the decision-making responsibilities related to the child’s upbringing.

The court will consider a number of factors when deciding which type of legal custody is appropriate in a given case. These may include each parent’s ability to communicate effectively with one another and make joint decisions that are in their child’s best interests.

Physical custody

One of the most significant issues in any divorce involving children is determining physical custody. Physical custody refers to where the child will primarily reside after the divorce, and can be awarded solely to one parent or shared between both parents.

In North Carolina, judges are required to consider several factors when making decisions about physical custody:

The overall health and welfare of the child
The mental and physical health of each parent
The relationship between each parent and their child
Each parent’s ability to provide for their child’s needs
Any history of domestic violence or substance abuse by either parent

If you are involved in a divorce with children, it’s crucial to work with an experienced family law attorney who can help you navigate this complex process while protecting your rights as a parent.

Factors considered in determining custody

In some cases where one or both parents are deemed unfit due to issues like substance abuse or domestic violence, sole custody may be awarded to one parent. However, in many cases joint custody is preferred if it can be shown that both parents are capable caregivers.

If you’re going through a divorce involving children in North Carolina,it’s essential to work with an experienced family law attorney who can help you navigate this process while advocating for your parental rights.

Visitation rights

One of the most important aspects of divorce involving children is visitation rights. North Carolina courts encourage both parents to have a meaningful relationship with their children following a divorce. In cases where one parent has sole custody, the other parent typically has visitation rights.

Visitation schedules can vary depending on the circumstances of each case, but they typically include:

Regular weekly or bi-weekly visits
Holiday and vacation time
Custodial changes during special events like birthdays and school functions

If you are going through a divorce involving children, it’s crucial to understand your rights when it comes to visitation. An experienced family law attorney can help ensure that your parental rights are protected throughout this process.

Modification of custody orders

If you believe that a modification is necessary, it’s important to work with an experienced family law attorney who can help guide you through this process and ensure that your rights as well as those of your children are protected.

Child Support

If you’re going through a divorce and have children, it’s crucial to work with an experienced family law attorney who can help ensure your rights are protected and your children’s best interests are kept at the forefront throughout every step of the process.

Calculation of child support

It’s important to note that the court can deviate from this formula if there are compelling reasons to do so. An experienced family law attorney can help you understand how this calculation may apply in your specific situation and advocate for your rights throughout the process.

Factors considered in determining child support

In addition to these factors, there may also be other circumstances unique to your situation that could impact the calculation of child support.

If you are going through a divorce or separation and need help with issues related to child support, an experienced family law attorney can guide you through this process and ensure that your rights are protected throughout every step.

Modification of child support orders

After a divorce, circumstances may change that require modification of the child support order. In North Carolina, either parent can request a modification of child support if there has been a substantial change in circumstances since the initial order was issued.

The following are examples of situations that might warrant a modification:

A significant increase or decrease in income for either parent
An increase in childcare expenses or medical costs for the child
A change in custody arrangements
The emancipation of one or more children

If you believe that your current child support order no longer reflects your financial situation or is unfair, it’s important to speak with an experienced family law attorney who can help you petition for a modification.

Conclusion

Divorce is a difficult and emotional process, but understanding the legal requirements and options available to you can help make it less stressful. Whether you’re filing for divorce based on separation or one of the other grounds recognized in North Carolina, working with an experienced family law attorney can help ensure that your rights are protected throughout the process.

If you’re considering a divorce in North Carolina, take the time to educate yourself about your options and consult with an experienced attorney who can provide guidance and support. With the right information and resources at your disposal, you can move forward confidently toward a brighter future.

Summary of grounds for divorce in North Carolina

If you are considering getting a divorce in North Carolina, it’s important to understand these different grounds and how they might apply to your situation. Working with an experienced family law attorney can help ensure that your rights are protected throughout every step of the process.

Importance of seeking legal advice

In addition to helping with legal issues, an attorney can also provide emotional support during what can be a challenging time. They can help you make informed decisions about important matters such as child custody and property division.

Overall, working with an experienced family law attorney is one of the best ways to ensure that your divorce proceeds smoothly and that your rights are protected at every turn.

Resources for further information.

If you are seeking further information about divorce law in North Carolina, there are several resources available to help:

The North Carolina Bar Association offers a Family Law Section that provides resources and education on family law issues including divorce.
The North Carolina Courts website provides helpful information about the divorce process, including forms and instructions for filing for divorce.
Your local library or bookstore may have books on family law and divorce specific to North Carolina.

Additionally, working with an experienced family law attorney can be invaluable when navigating the complexities of a divorce case. An attorney can provide guidance on your legal rights and obligations throughout the process, as well as ensure that your interests are protected every step of the way.

FAQ on ‘Divorce Law: Grounds for Divorce in North Carolina’

What is a no-fault divorce in North Carolina?

North Carolina does not have a true no-fault divorce. However, separation for one year can be used as a ground for divorce, which is similar to a no-fault divorce.

How long do I need to be separated before filing for divorce in North Carolina?

You must be separated from your spouse for at least one year before filing for divorce in North Carolina.

Can I file for divorce on the grounds of adultery in North Carolina?

No, adultery is not recognized as a ground for divorce in North Carolina. However, it may still be relevant in some aspects of the divorce process, such as alimony or property division.

Can I still get a divorce if my spouse does not agree to it?

Yes, you can still obtain a divorce even if your spouse does not agree to it. However, you must prove that you have been separated from your spouse for at least one year and that there is no chance of reconciliation.