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The state of North Carolina has gotten rid of all fault
grounds for divorce, making it a “no-fault” state. Neither party has to
prove marital fault, for example, because of habitual drunkenness or
addiction, adultery, domestic violence, cruel and abusive behavior or
economic fault.
There are just two grounds for divorce in the state – separation, and
incurable insanity.
Separation for one year
In North Carolina, there really is no such thing as “legal separation.”
However, if a husband and wife can assert, under oath, that they have lived
separate and apart for a minimum of one year without resuming their marital
relationship, either may file for divorce.
A separation agreement is strongly advised, because it is considered a
binding contract in the eyes of the law, and could be used to parties sign
the agreement, it is considered a binding contract in the eyes of the law,
and could be used to formalize the division of property and obtain orders
for custody, visitation and spousal support.
Incurable insanity
This is rarely used because of the difficulty of proving both the insanity
of the spouse being divorced and that the insanity is incurable. However, it
is one of the legal grounds for divorce in North Carolina, and state law
stipulates that in order for a divorce to be granted due to legal insanity,
a husband and wife must have lived separate and apart for three years
because of the incurable insanity of one of them.
Divorce and separation issues stir up intense emotions – emotions that can
cloud your judgment and affect critical decisions that can impact you for a
lifetime. Anyone considering ending a marriage should actively seek
competent legal advice from a skilled family law attorney.
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