NC Divorce Lawyers – North Carolina Family Law Attorneys
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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