[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.jdwarlick.com\/blog\/grounds-for-divorce-in-north-carolina\/#BlogPosting","mainEntityOfPage":"https:\/\/www.jdwarlick.com\/blog\/grounds-for-divorce-in-north-carolina\/","headline":"What Are the Legal Grounds for Divorce in North Carolina?","name":"What Are the Legal Grounds for Divorce in North Carolina?","description":"In North Carolina, you can file for divorce on two grounds: separation or incurable insanity. Separation grounds arise when the spouses live apart and separately for at least one year before filing. In the case of incurable insanity, the couple must reside separately and apart for at least three years because of one person\u2019s incurable insanity. If you...","datePublished":"2023-02-28","dateModified":"2026-04-08","author":{"@type":"Person","@id":"https:\/\/www.jdwarlick.com\/blog\/author\/robertuser\/#Person","name":"Robert Warlick","url":"https:\/\/www.jdwarlick.com\/blog\/author\/robertuser\/","identifier":8,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/11924066d285ee509a872e73083ba668f6028f3adc744f0669f9e1b9f4ea1a14?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/11924066d285ee509a872e73083ba668f6028f3adc744f0669f9e1b9f4ea1a14?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"The Law Offices of John Drew Warlick, P.A.","logo":{"@type":"ImageObject","@id":"http:\/\/www.jdwarlick.com\/wp-content\/uploads\/2021\/02\/logo.svg","url":"http:\/\/www.jdwarlick.com\/wp-content\/uploads\/2021\/02\/logo.svg","width":0,"height":0}},"image":{"@type":"ImageObject","@id":"https:\/\/www.jdwarlick.com\/wp-content\/uploads\/2023\/02\/ex-couple.jpg","url":"https:\/\/www.jdwarlick.com\/wp-content\/uploads\/2023\/02\/ex-couple.jpg","height":667,"width":1000},"url":"https:\/\/www.jdwarlick.com\/blog\/grounds-for-divorce-in-north-carolina\/","about":["Divorce"],"wordCount":1091,"articleBody":"In North Carolina, you can file for divorce on two grounds: separation or incurable insanity. Separation grounds arise when the spouses live apart and separately for at least one year before filing. In the case of incurable insanity, the couple must reside separately and apart for at least three years because of one person\u2019s incurable insanity.If you are considering divorce, contact The Law Offices of John Drew Warlick, P.A. We can review your situation, determine which grounds for divorce exist, and explain other important laws regarding divorce in North Carolina.Is a No-Fault Divorce Possible in North Carolina?Yes.\u00a0State law\u00a0allows a no-fault divorce if the divorcing couple meets these separation and residency requirements:At least one of the spouses has lived in the state for at least six monthsThe spouses have resided separate and apart for one yearIncurable insanity is another ground for filing a no-fault divorce in North Carolina. This ground requires the spouses to live apart and separate for at least three consecutive years without cohabitation due to one spouse\u2019s incurable insanity.To proceed with a divorce because of incurable insanity, you must show your spouse:Has been confined for three years in a treatment institutionWas confirmed by a judge to have been insane for at least three years before filingTwo reputable physicians must provide proof of the spouse\u2019s incurable insanity. One of them must be the superintendent or a staff member of the institution where the insane spouse is confined. The other must be a physician who regularly practices in the community where the couple resides and doesn\u2019t have a connection with the institution where the insane spouse is confined.Is a Fault-Based Divorce Possible in North Carolina?No. North Carolina\u2019s no-fault grounds replaced the state\u2019s previous fault-based system. However, there is a variation to a fault-based divorce that allows a couple to separate legally.Filing for a divorce from bed and board (DBB) in North Carolina requires the petitioning spouse to prove the other spouse engaged in marital misconduct, such as adultery or abandonment. They must also prove they didn\u2019t provoke the misconduct.The judge can issue a DBB judgment after listening to the petitioning spouse\u2019s arguments and reviewing the evidence of marital misconduct. However, the couple is still married. They must file for an absolute divorce eventually to legally dissolve the marriage.What If My Spouse Does Not Want a Divorce?You can proceed with your divorce even if your spouse doesn\u2019t agree to it or refuses to sign the paperwork. However, you must give your spouse proper notice of the divorce.That means you must serve them with the legal documents related to the petition for divorce, including the complaint and summons. You can attend a hearing before a judge to finalize the divorce. The judge can issue a final divorce decree even if your spouse doesn\u2019t appear at the hearing.What Are the Requirements for a Divorce from Bed and Board?A judge might grant a\u00a0divorce from bed and board\u00a0if either spouse:Commits adulteryEndangers the other\u2019s life by cruel or barbarous treatmentAbandons their familyUses alcohol or drugs excessively, making their life burdensome and the other spouse\u2019s condition intolerableMaliciously turns the other out of the homeRenders their life burdensome and conditions intolerable by imposing indignities on the otherIs North Carolina a 50\/50 State When It Comes to Dividing Property in a Divorce?No. North Carolina is an\u00a0equitable distribution\u00a0state. That means a judge divides a divorcing couple\u2019s property according to what they deem equitable, or fair, given the circumstances. That doesn\u2019t necessarily lead to a 50\/50 split. For example, an unequal but fair distribution might require one spouse to receive a higher portion of a specific asset because their income is significantly lower than the other spouse\u2019s income.What Factors Will a Court Consider When Determining Alimony?If a spouse asks for alimony, the court must consider whether the dependent spouse has the resources to become self-supporting and whether the other spouse can afford alimony payments. Then, the court must determine the\u00a0amount and duration of alimony\u00a0by reviewing factors such as:Each spouse\u2019s relative earnings and earning capacitiesEach spouse\u2019s age and mental, emotional, and physical conditionsThe length of the marriageSources and amount of unearned and earned income of both spousesEither spouse\u2019s marital misconductOne spouse\u2019s contribution to the other\u2019s training, education, or increased earning powerThe established standard of living during the marriageEach spouse\u2019s relative liabilities and assets and their debt service requirements, such as legal support obligationsThe local, state, and federal tax consequences of an alimony awardThe separate property either spouse brought into the marriageOne spouse\u2019s contribution as a homemakerThe effect of one spouse\u2019s expenses, financial obligations, or earning power on serving as the custodial parent to a minor childBoth spouse\u2019s financial needsEach spouse\u2019s relative education and the time necessary for the spouse seeking alimony to acquire sufficient training or education to find employment that meets their reasonable economic needsWill I Have to Go to Court for a North Carolina Divorce?Going to court might be necessary to resolve disputes you and your spouse face while negotiating the divorce terms. However, you might avoid costly and time-consuming litigation by participating in alternative dispute resolution (ADR).Mediation is a common method of ADR that allows the spouses to meet with a neutral, unbiased third party to try to settle the matter outside of court. The mediator listens to both sides, points out strengths and weaknesses in each spouse\u2019s case, and suggests ways of resolving the matter.If you reach an agreement, the mediator can draft a settlement agreement you and your spouse can sign and file with the court for a judge to review before issuing your final divorce decree.Whether you go through mediation or have to fight it out in court, it pays to have an experienced attorney to protect your rights and advocate on your behalf.Contact a North Carolina Divorce AttorneyAt The Law Offices of John Drew Warlick, P.A., we understand how difficult even an agreeable divorce can be. You need an advocate who will protect your rights and fight for your interests. 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