Over the last half century-plus, states have changed their laws to allow a “no-fault” divorce option. While it’s available now throughout the country, states have different requirements for a person to file for divorce without naming a “ground” that typically involves some kind of wrongdoing or serious impairment by their spouse.
Many conservative lawmakers and other public figures have been speaking up about getting rid of no-fault divorce. They claim it makes it too easy for people to end their marriage.
While those calls for an end to no-fault divorce are particularly loud here in the South, for now, it remains an option for North Carolina couples. That doesn’t mean it can happen quickly, however. Let’s look at the law.
A year-long separation
For a judge to grant an “absolute” divorce, a couple must have lived apart for at least one year. They may be required to prove that they haven’t lived under the same roof at any point during that year.
The separation must be for the purpose of ending their marriage – not, for example, because work or other obligations required one of them to live elsewhere. It’s important to note that at least one spouse must have lived in North Carolina for at least six months prior to the divorce. Therefore, both spouses should continue to reside in the state, at least for the second half of that separation period.
If spouses decide on a no-fault divorce, it’s wise to agree on the separation date, document it in some way and be able to provide evidence of that continued separation.
Note that a spouse can name a “ground” like alcohol/drug abuse or adultery. However, that doesn’t change the mandatory 12-month separation requirement.
“Incurable insanity” and institutionalization
In North Carolina, a person can also seek a divorce on the grounds of “incurable insanity” of their spouse. That requires a three-year separation, typically because one spouse has been institutionalized. If a judge ruled that they were “insane” at least three years prior, that counts as well.
That year of separation required for divorce may well require temporary agreements regarding child custody and support, spousal support, division of expenses and more. Therefore, it’s wise to get legal guidance even before the separation begins.