{"id":375447,"date":"2016-03-31T21:36:12","date_gmt":"2016-04-01T02:36:12","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/north-carolina-law\/north-carolina-legal-requirements-for-divorce.html"},"modified":"2020-10-27T12:08:35","modified_gmt":"2020-10-27T17:08:35","slug":"north-carolina-legal-requirements-for-divorce","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/north-carolina-law\/north-carolina-legal-requirements-for-divorce.html","title":{"rendered":"North Carolina Divorce Laws"},"content":{"rendered":"\n
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North Carolina Divorce Laws <\/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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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\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 Requirements in General
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All states have certain requirements for getting a divorce<\/a>, which may include residency rules or the requirement to be legally separated for a certain amount of time before filing for divorce.<\/p>\r\n

While divorce laws used to require proof that one of the spouses was at fault, all states now allow "no-fault" divorce. Most states use grounds such as "irretrievable breakdown" or "irreconcilable differences" when granting a no-fault divorce. But sometimes fault is still taken into account such as in the case of domestic violence or abandonment.<\/p>\r\n

Divorce Laws in North Carolina<\/h2>\r\n

North Carolina’s divorce laws have a residency requirement (at least one spouse must have lived in the state for at least six months) and a one-year period of separation that’s required before a divorce can be filed.<\/p>\r\n

Once the divorce is filed and served upon the other party, that party has 30 days to respond. If a response is filed, the judgment of divorce can be granted immediately. If no response is filed, the plaintiff must wait the full 30 days before the divorce can be granted. <\/p>\r\n

The North Carolina Family Court System maintains a Divorce Packet<\/a> on its website that walks you through the divorce process and answers frequently asked questions.
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The table below outlines some of the most important provisions of North Carolina’s divorce laws. See FindLaw’s Divorce<\/a> section for more articles and resources on the topic.<\/p>\r\n\r\n
Code Section<\/td>\r\nCHAPTER 50 – DIVORCE AND ALIMONY<\/a><\/td>\r\n<\/tr>
Residency Requirements<\/td>\r\nEither party a bona fide resident for 6 months before bringing action.<\/td>\r\n<\/tr>
Waiting Period<\/td>\r\n

Parties must be separated for one year before divorce can be filed.<\/p>\r\n

Divorce can be granted immediately (so long as the other spouse responded or the 30 days they had to respond have passed). <\/p>\r\n<\/td>\r\n<\/tr>

‘No Fault’ Grounds for Divorce<\/td>\r\nSeparation (one year).<\/td>\r\n<\/tr>
Defenses to a Divorce Filing<\/td>\r\n–<\/td>\r\n<\/tr>
Other Grounds for Divorce<\/td>\r\nAdultery; divorce from bed and board; cruelty or violence; desertion (abandonment); drug\/alcohol addiction; incurable insanity (confined\/separated for 3 consecutive yrs.). Offers indignities that renders other spouse’s condition\/life intolerable\/burdensome; maliciously turns other out of doors.<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note:<\/i><\/b> State laws are subject to change at any time, usually with the enactment of newly signed legislation but also through the decisions of higher courts and other means. You also may want to contact a North Carolina divorce attorney or conduct your own legal research to verify the state law(s) you are researching.<\/i><\/p>\r\n

Research the Law<\/h3>\r\n