Grounds for Divorce in NC
At Betham Law, PLLC, our attorneys are here to assist you in your divorce. At the beginning of this process some of the most common questions are “what are the legal grounds for divorce in North Carolina” or “what are my options for divorce?”
North Carolina is a No Fault Divorce state meaning that a married couple is eligible to file for divorce if the married couple has been legally separated for at least a year and one day. This is commonly referred to as an “absolute divorce.” Additionally, to file for divorce in North Carolina, either party to the marriage must currently live in North Carolina and have lived in North Carolina for at least six months before the divorce case has been filed.
Legally Separated in North Carolina
There are three ways to be considered legally separated before your divorce can be finalized:
The married couple has been separated for at least a year and one day. Being separated for at least a year and one day means that each party has to be living in separate homes and at least one of the spouses had intended for the separation to be permanent during that time.
A Divorce from Bed and Board (DBB) despite its name is not a divorce, but rather a court ordered separation. DBB is typically only available under limited circumstances, such as domestic violence or drug abuse. Once the married couple is separated under a DBB, the married couple must wait for one year and one day to file for an absolute divorce.
A divorce based on incurable insanity is classified as the married couple living apart for at least three years because of your spouse’s mental health condition. Additionally, your spouse must have been either (1) institutionalized during those three years or (2) was found “insane” by a judge at least three years ago. Two specialty doctors must testify that your spouse is currently “incurably insane.”
Filing for Divorce
As long as the above conditions are met and you are eligible for the relevant divorce category. Your spouse does not have to agree to the divorce, but the spouse must receive proper legal notice of the divorce case that is filed.
The party who files for divorce (the petitioner) must file a complaint for absolute divorce. The petitioner must file the complaint for absolute divorce in the jurisdiction where you live (e.g., if you reside in Wake County, the complaint must be filed in Wake County). Once the complaint is filed the spouse must receive notice of the complaint, and the spouse (the respondent) then has thirty days to respond to the complaint.
Hiring a Divorce Attorney
There is no law that states you need a divorce attorney, but there are benefits to hiring a divorce attorney to assist you with your divorce. A divorce attorney will guide you through the process of getting a divorce and handle all of the legal processes including: filing the paperwork for a divorce, creating a separation agreement if needed, answering any questions you have about the process, and other relevant services as needed.
Ending a marriage can be incredibly stressful and difficult, but having a family law attorney can help to guide you through the process in a competent and caring manner. For more information relating to divorce, custody, support, or family law in general, please contact Betham Law, PLLC to schedule a consultation.
For additional information: https://www.nccourts.gov/help-topics/divorce-and-marriage/separation-and-divorce
