No-Fault Divorce

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No-Fault Divorce in North Carolina

At Gantt Family Law, we help clients throughout North Carolina navigate the process of no-fault divorce with clarity, compassion, and expert legal support. In North Carolina, most divorces are considered no-fault, meaning you don’t have to prove wrongdoing by your spouse to obtain a legal dissolution of marriage. With over 25 years of experience and three North Carolina Board-Certified Family Law Specialists, we guide you through every legal detail with a focus on protecting your future.

If you’re considering divorce and want to understand your rights under North Carolina’s no-fault divorce laws, contact our office at 984-326-3302 or Request a Consultation online.

What Is No-Fault Divorce?

In a no-fault divorce, neither spouse is legally blamed for the breakdown of the marriage. Instead, the grounds for divorce are based on living separate and apart for at least one year with the intent for the separation to be permanent. This simplifies the legal process and helps reduce conflict between parties.

North Carolina’s No-Fault Divorce Requirements

  • One-Year Separation: You and your spouse must have lived separately for at least 12 consecutive months.
  • Residency Requirement: At least one spouse must have lived in North Carolina for six months prior to filing.
  • Intent: At least one party must intend for the separation to be permanent.

While no-fault divorce may sound straightforward, related issues—such as child custody, alimony, and equitable distribution—still require experienced legal guidance to ensure a fair outcome.

Why Choose Gantt Family Law for a No-Fault Divorce?

  • Specialized Experience: Our practice is 100% focused on North Carolina family law.
  • Board-Certified Specialists: We have three NC Board-Certified Family Law Specialists on our team.
  • Supportive Approach: We combine legal excellence with client-focused service that minimizes stress and promotes long-term resolution.

Frequently Asked Questions About No-Fault Divorce in NC

No. North Carolina allows for no-fault divorce, meaning you only need to show a one-year separation with the intent to remain apart.
No. North Carolina requires physical separation in two different residences for the full 12-month separation period.
If you resume marital relations, the one-year separation clock may restart, depending on the duration and nature of reconciliation.
No. As long as the separation requirement is met and proper notice is given, the court can grant the divorce even if your spouse does not consent.

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