North Carolina is a “no fault state,” which means that you do not have to prove that either spouse is at fault to get a divorce.
There are only two grounds (reasons) for divorce in NC:
- Separation for one year, or
- Incurable insanity of one spouse and separation for three years.
The majority of marriages are dissolved based on the ground of separation for one year. In order to get divorced under this ground, you must have lived in separate residences for one year and at least one spouse must have had the intent to remain separate and apart.
You do not need to file for legal separation. Legal separation happens once a husband and wife begin living separate and apart (in separate residences).
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Garrett, Walker, Aycoth & Olson, Attorneys at Law
317 South Greene St, Greensboro, NC 27401
(336) 379-0539
This article explains North Carolina law in general terms. It is not legal advice about your case, and laws, penalties and court procedures change. Contact an attorney about your specific situation.