North Carolina is a “no-fault” divorce state. Thus, the only requirement to receive a divorce in this state is that you must be a resident of North Carolina and you must have been separated from your spouse for one (1) year.
Neither spouse is required to make a claim that the fault of their partner caused the marriage to fail. However, a court will still take into account the behavior of the spouses when dividing property and debts, assigning child custody, and determining the appropriate amounts of child and spousal support, thus having a legal representative, like an attorney from Mercogliano & Associates, PA can help make sure you are properly represented in a divorce case.
There are two types of divorce in North Carolina:
• Absolute Divorce refers to the action that terminates a marriage. In North Carolina, divorces are not based on fault. Rather, the spouses must be separated for at least one year and one day to qualify for a divorce. One spouse must have the intent to remain permanently apart for that one year and one day before filing a complaint for an absolute divorce. Spouses who live in separate bedrooms or parts of a house are not considered “separated” for purposes of divorce. Furthermore, the spouses cannot liver separately and maintain the outward appearance of marriage. Additionally, if the spouses are living separate and apart for three (3) consecutive years, without cohabitation, by reason of incurable insanity by one of them, the court may grant a decree of absolute divorce upon petition by the sane spouse.
• Divorce from Bed and Board arises when one spouse commits some sort of marital misconduct. This includes, but is not limited to, substance abuse, abandonment, adultery and domestic violence. Divorce from bed and board is a legally sanctioned separation and acts to cut off liability that one spouse may have for another.
As long as you meet the jurisdictional and separation requirements for a divorce, there is little to nothing your spouse can do to prevent the divorce decree from being entered. If you receive a complaint for absolute divorce, it is imperative to speak with an attorney about any other unresolved issues relating to the marriage. For instance, if a party fails to file for property division or alimony before the divorce decree is entered, those rights are lost upon entry of the divorce judgment.
Residents of Wake and Harnett counties who are interested in obtaining a divorce can contact Mercogliano & Associates, your neighborhood attorneys, by phone at 919-552-2501, through our contact form, or by email. Our primary service area includes Fuquay-Varina, Holly Springs, Garner, Willow Spring, Angier, Dunn, Lillington, Coats and the surrounding areas.