What is a no-fault divorce in North Carolina? Find here!

What is a no-fault divorce in North Carolina? Find here!

A no-fault divorce is the easiest way to end a marriage in North Carolina. As the name suggests, there is no need for a blame-game to seek a divorce. Even if your spouse doesn’t want the same, you can initiate proceedings for a no-fault divorce in NC. Note that you can also file for divorce from bed and board, which is not same as an absolute divorce in the state. To protect your rights and to understand the options better, consider hiring one of Wilmington attorneys specializing in divorce and family laws. In this post, we are sharing more on no-fault divorce. 

Filing for no-fault divorce

There are residency and separation requirements for filing for no-fault divorce in NC- 

  1. Firstly, either of the spouses must have lived in North Carolina for at least six months before the filing. 
  2. Secondly, both spouses must have lived separately for at least one year prior to filing for no-fault divorce. This actually means staying in two different residences, and not just two bedrooms in the same house. 

Why should you consider a no-fault divorce?

The biggest advantage of a no-fault divorce is the process. You don’t have to prove that your spouse is at fault to get a divorce. This can reduce the time needed to get a divorce, provided residency and separation requitements are met. Before a no-fault divorce, you are required to stay apart for at least a year, and this gives a fair idea of whether you want to go ahead with the proceedings in the first place. If there are minor children involved, this is the best way to part ways, without hurting the kids. 

What about a divorce from bed and board?

Despite the confusing name, divorce from bed and board is not an absolute divorce in NC. If you want to seek divorce on fault grounds, such as abandonment and adultery, you can file for a divorce from bed and board, where the court will pass an order. The order will start a period of separation with your spouse, and after a year has passed, the couple can file for an absolute divorce.

North Carolina encourages couples and co-parents to sort their divorce and custody battles outside of court. If your circumstances don’t allow for that, or your spouse refuses to cooperate, you can consider talking to a divorce attorney. Attorneys know what it takes to mediate and sort issues, so that the matter is resolved sooner. 

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