{"id":375416,"date":"2018-05-10T10:17:05","date_gmt":"2018-05-10T15:17:05","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/north-carolina-law\/north-carolina-divorce-process.html"},"modified":"2020-10-27T11:56:32","modified_gmt":"2020-10-27T16:56:32","slug":"north-carolina-divorce-process","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/north-carolina-law\/north-carolina-divorce-process.html","title":{"rendered":"North Carolina Divorce Process"},"content":{"rendered":"\n
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North Carolina Divorce Process<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Divorce is rarely a pleasant experience, so it’s best when it can be completed efficiently and fairly. If you’ve been separated from your spouse for at least a year, one of you has lived in North Carolina for at least six months, and at least one of you is ready to call it quits for good, you may seek a divorce.<\/p>\r\n

North Carolina actually refers to a legal divorce as an absolute divorce<\/i>, though the word "absolute" has no special meaning. This article details the basics of the divorce process<\/a> in North Carolina.<\/p>\r\n

North Carolina Divorce Process at a Glance<\/h2>\r\n

The basic requirements for an "absolute divorce" in North Carolina, links to court forms, and a step-by-step guide are listed below to help you cut through the legal jargon.<\/p>\r\n\r\n

Statute<\/b><\/p>\r\n<\/td>\r\n

North Carolina General Statutes: Section 50-2<\/a>, et seq.<\/p>\r\n<\/td>\r\n<\/tr>

Requirements for a No-Fault Divorce<\/b><\/p>\r\n<\/td>\r\n

North Carolina permits no-fault divorce<\/b> (neither party is claiming the other caused the marriage to fail) if the following conditions have been met:<\/p>\r\n

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  1. You or your spouse has lived in North Carolina for at least 6 months<\/b> prior to the divorce filing;<\/li>\r\n
  2. You have been legally married<\/b> to the other party; and<\/li>\r\n
  3. You and your spouse have lived separate and apart<\/b> (separate residences) for at least 1 year<\/b> before the divorce filing; and at least one of you has no intention of continuing<\/b> the marriage.<\/li>\r\n<\/ol>\r\n<\/td>\r\n<\/tr>

Filing for Divorce With Cause (Fault)<\/b><\/p>\r\n<\/td>\r\n

In addition to no-fault divorce, North Carolina allows individuals to file for divorce for the other spouse’s marital misconduct<\/b> or serious medical condition<\/b>. Reasons for such a claim, which allows a judge to take a spouse’s alleged misconduct or mental state into consideration when ruling on the case, include the following:<\/p>\r\n

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  • Incurable Insanity –<\/b> A mental illness\/impairment requiring the spouse to seek medical care or confinement outside of the home; or<\/li>\r\n
  • Divorce from Bed and Board –<\/b> A catch-all term for certain negligent or malicious behaviors, including:
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    • Abandonment of the family<\/li>\r\n
    • Forcing the other spouse out of the house<\/li>\r\n
    • Committing "cruel or barbarous" acts that endanger the life of the other spouse<\/li>\r\n
    • Treating the other spouse so cruelly as to cause that person’s life to be intolerable<\/li>\r\n
    • Burdens related to excessive use of drugs and\/or alcohol<\/li>\r\n
    • Adultery<\/li>\r\n<\/ul>\r\n<\/li>\r\n<\/ul>\r\n

      Note:<\/b> For a divorce claiming fault, the injured spouse (the plaintiff) must prove the other spouse committed one of the above acts or was incurably insane under the meaning of the law.<\/i><\/p>\r\n<\/td>\r\n<\/tr>

North Carolina Divorce: Court Forms & Documents<\/b><\/p>\r\n<\/td>\r\n