There are generally two approaches to divorce. People in some jurisdictions may pursue fault-based divorces when they have evidence of significant misconduct on the part of a spouse. However, the vast majority of modern divorces are no-fault proceedings.
No-fault divorces are the standard in North Carolina. The filing spouse does not require evidence of misconduct. Instead, the focus is simply on dissolving the marital relationship and addressing any factors that tie the spouses together, such as the division of their property or matters related to shared children. Spouses hoping to pursue a no-fault divorce in North Carolina must ensure that their situation meets the two standards below.
Established residency
Where an individual lives determines where they can take legal action. Otherwise, people might simply file in the jurisdiction that offers the most favorable terms.
People who recently moved to North Carolina may not yet be in a position to pursue a no-fault divorce in the North Carolina family courts. Typically, people must reside in North Carolina for at least six months before they are eligible for a divorce in the state.
A lengthy separation
Prior separation is the legal basis for a no-fault divorce in North Carolina. Spouses generally need to have remained separated for at least a year and a day before they are eligible to file for divorce and complete the process of separating their lives. Legal separation is not always necessary, but spouses generally need to live apart from one another for at least 366 days.
Understanding what factors determine eligibility for a no-fault divorce can help people plan for the future. Once people qualify for divorce, they can then begin addressing the practical issues that are necessary at the end of a marriage.
