Divorce in North Carolina

North Carolina is a no-fault divorce state.  This means neither party needs a specified reason to formally end the marriage. However, different terms are used interchangeably – some incorrectly – in describing divorce options in North Carolina. 

Absolute Divorce 

Any married individual in North Carolina can file for absolute divorce after living separate-and-apart from their spouse for at least a year and a day.  Additionally, one of the parties must currently live in North Carolina and must have lived in the state for at least six months before the divorce filing.  Because North Carolina is a no-fault state, the other party need not agree to the divorce, does not have to sign or file anything, need not live in the state, but must be properly served notice of the action.

Alongside an absolute divorce action, both parties also have the right to file separate actions related to the distribution of marital property, debt, and spousal support.  If neither party files for these prior to when the divorce is finalized, both parties lose the right to do so. 

Child custody and child support claims are not affected by divorce. Either party may file support or custody actions at any time until the affected child(ren) reach 18 years old.

Divorce from Bed & Board

This does not legally dissolve a marriage but is an action to obtain a court-ordered separation. One party in the marriage must file the action in District Court claiming the marriage has been damaged by the other spouse, typically through some form of marital misconduct.  Misconduct circumstances can include:

  • Abandonment
  • Domestic violence
  • Excessive substance use or abuse
  • Adultery or infidelity
  • One spouse throws the other spouse out of the house
  • Evidence of “indignities”

If this action is granted by the court, either party may also ask the court to temporarily resolve issues through this action, such as post-separation support and child custody. The couple will still need to wait one year to file for an absolute divorce to legally end the marriage. However, the legal rights of both parties change in this action:

  • Changes in Cohabitation Rights: The couple must begin to live separately and the defendant in the action must vacate the marital home.
  • Potential Changes in Support:  Some level of financial support – either child support, spousal support, or both -- may be authorized by the court.
  • Property Rights:  This action does not transfer marital property, but the date of the action can be used as the basis for determining what is separate property.

Divorce Resolution Types

Divorces are classified in two ways in North Carolina: uncontested divorce and contested divorce:

  • Uncontested Divorce: In these matters, both spouses agree to the resolution of all key divorce issues pertaining the children, custody, support, and asset division. The court system is used to codify and formalize this action.
  • Contested Divorce: In this situation, the parties cannot agree on some aspect of the divorce. This can include child custody, asset division, or spousal support. The court system is used to stipulate and render a final divorce determination that is binding on both parties.

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