In order to file for divorce in North Carolina, you must have been separated for one year. This means that the two partners must live separately and apart for that period of time. At least one of the partners has to attest that they intended the separation to be permanent. A second requirement is that either party must have lived in the state for a minimum of six months.
NC divorces can be either “no fault” meaning that neither party is at fault or fault divorces, also known as Divorce From Bed & Board. Fault divorces may be filed when one of the following has occurred:
- abandonment of the spouse or the family
- cruel or barbarous treatment which endangers their spouse’s life
- excessive drug or alcohol use
In the fault divorce cases the party accusing the other of one of these actions, goes to court and proves to the judge that the other party has engaged in one or more of these behaviors.
If you need to begin divorce proceedings, see a lawyer who practices Family and Divorce Law.
McNeil Family Law handles all aspects of divorce and separation.