Divorce Requirements in General
All states have certain requirements for getting a divorce, which may include residency rules or the requirement to be legally separated for a certain amount of time before filing for divorce. Annulment is different than divorce, in that it is a process that "erases" a marriage that never should have been granted in the first place. While laws used to require proof that one of the spouses was at fault, all states now allow "no fault" divorce. Most states use terms such as "irretrievable breakdown" or "irreconcilable differences" when granting a no fault divorce. But divorces are still granted when one of the parties is clearly at fault (such as domestic violence or abandonment).
Divorce Laws in North Carolina
North Carolina's divorce laws include residency for at least six months and a one-year period of separation. Once these and any other applicable requirements are met, the divorce decree is granted immediately. The North Carolina Family Court System maintains a FAQ section on its Website that covers divorce law and related issues. See the Judicial Forms Search Page for any court forms you may need.
The table below outlines some of the most important provisions of North Carolina's divorce laws. See FindLaw's Divorce section for more articles and resources.
|Residency Requirements||Either party a bona fide resident for 6 months before bringing action.|
|Waiting Period||Decree final immediately.|
|'No Fault' Grounds for Divorce||Separation (one year).|
|Defenses to a Divorce Filing||-|
|Other Grounds for Divorce||Adultery; 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.|
Note: 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.
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North Carolina Legal Requirements for Divorce: Related Resources
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You may be angry, confused, overwhelmed, and simply want to move on with your life as quickly as possible. As you are going down the road to a divorce in North Carolina, there are many issues you will need to consider such as child visitation, child support, and division of your assets. Get help with all the legal aspects of a divorce by contacting a skilled divorce lawyer in your area today for a free case review.
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