Mar. 10, 2025
Grounds for Divorce in North Carolina: Understanding the Legal Requirements
Are you seeking divorce in North Carolina? If so, you may wonder what the law requires to end a marriage and how to ensure your rights remain protected. Under North Carolina law, couples often seek divorce on the basis of living separately for a full year, this could be considered grounds for divorce in North Carolina.
In simpler terms, this state recognizes “no-fault” divorce, so you do not have to prove wrongdoing. Nonetheless, there are several specific requirements involved, as well as additional considerations when issues like property division, child custody, and spousal support arise. If you wish to learn more and begin taking steps toward a resolution, call MC Law today at (336) 274-0352 and schedule a consultation with a family law attorney in Greensboro, NC who can help guide you.
What Does “Grounds for Divorce” Mean in North Carolina?
In some states, one spouse must show that the other caused the marriage to fail. By contrast, North Carolina primarily follows a “no-fault” standard, making it unnecessary to demonstrate adultery or any other form of misconduct in most situations. The main condition for an absolute divorce is that spouses live “separate and apart” for at least 12 uninterrupted months, with the intention that the separation be permanent.
According to N.C. Gen. Stat. § 50-6, this is the primary requirement. At the same time, divorce from bed and board—a form of legal separation—does involve accusations of wrongdoing, such as cruel treatment or abandonment. This distinction matters if you plan to argue that misconduct affects spousal support or custody.
Since every situation is unique, it’s wise to connect with a Greensboro family law attorney who can provide a thorough assessment of how these legal concepts may apply to you. By seeking legal assistance early on, you can make informed decisions about where to live, how to handle financial obligations, and whether you must formalize a separation agreement right away.
The One-Year Separation Rule
At first glance, it might seem simple: you must reside in separate homes for one year before filing for an absolute divorce. However, confusion may arise over details such as sharing certain bills, the family residence, or how quickly you must begin dividing property. Some spouses attempt to live under one roof but in different rooms, yet the law generally expects you to maintain truly separate households. That typically means no shared bedroom or consistent commingling of finances.
Because many couples struggle with how to implement this legally recognized separation, it is best to consult a skilled NC family attorney at the outset. By clarifying your legal position, you reduce the risk of re-starting the timeline if a court finds that you haven’t properly met the requirement. Additionally, you can begin setting up any child custody or visitation terms to ensure daily life remains structured.
Residency Requirements
Before filing your divorce papers in a North Carolina court, verify that at least one spouse has lived in the state for six months. Failing to meet this residency requirement can cause delays, which may prolong the process and increase stress. The reason for this rule is jurisdiction: North Carolina wants to ensure the involved spouses genuinely have ties to the state before the court grants or denies a divorce.
Divorce from Bed and Board
Although the state supports “no-fault” divorce, North Carolina also allows for a form of fault-based separation known as divorce from bed and board. Despite the name, divorce from bed and board is not a full dissolution of the marriage. Instead, it provides a legal structure under which spouses can remain married yet live apart, often for reasons involving misconduct. N.C. Gen. Stat. § 50-7 lists specific grounds, such as abandonment or endangering the other spouse’s well-being.
If you suspect marital misconduct, our top divorce attorney in Greensboro can explain the potential benefits of pursuing this path. For example, if one spouse is found responsible for severe wrongdoing, that spouse’s fault could influence alimony or the distribution of property. However, these cases may require additional evidence to demonstrate cruelty, substance issues, or malicious turning out of doors. Documenting each instance of misconduct can strengthen your position in negotiations or a hearing.
Filing for Absolute Divorce
Once you have observed the year of separation, you may file for an absolute divorce. The filing process entails preparing documents like a Complaint for Divorce, a Domestic Civil Action Cover Sheet, and a Summons. Accuracy is critical—small clerical mistakes can result in delays. Upon filing, you must also ensure that your spouse is properly served with these papers, usually via certified mail or sheriff’s service. If your spouse is difficult to locate, a court-approved method of service by publication might be necessary.
Ready to Start the Legal Process?
Make a confident decision for you and your family by turning to MC Law, where we focus on safeguarding clients’ rights, securing fair settlements, and preserving what matters most. Whether you have questions about spousal support, child custody, or property division, our goal is to provide a straightforward path toward resolution. For a consultation tailored to your needs, contact us today.
