Couples can pursue a no-fault option in a divorce or legal separation in North Carolina. Unlike fault-based options, which require proof of specific grounds for divorce or separation, no-fault options do not require proof of marital fault, such as adultery, cruelty, economic fault, or addiction. However, the parties must establish specific criteria to qualify for a no-fault option. The article will explore the qualifying requirements and legal considerations associated with pursuing a no-fault option for divorce or separation in North Carolina.
1. Living Separate and Apart for at Least One Year
Living separate and apart for at least one year with the intent to make it permanent is one of the most common grounds for no-fault divorce in North Carolina. To qualify for this option, both parties must have lived separately and apart for at least one year, and at least one party must have intended the separation to be permanent.
During this time, the parties must not have resumed their marital relationship. North Carolina is a no-fault state, meaning neither party must prove fault to obtain a divorce. However, working with experienced Divorce Attorneys in North Carolina can help you understand your legal rights and obligations and provide advice on how to navigate any challenges that may arise during the divorce proceedings.
2. At Least 6 Months Residency in North Carolina
To file for divorce in North Carolina, at least one spouse must have been a state resident for at least six months before filing. The requirement ensures that North Carolina has jurisdiction over the divorce proceedings. In addition to meeting the residency requirement, the spouse filing for divorce must establish residency immediately before filing and intending to remain in North Carolina indefinitely.
If both spouses meet these requirements, they may file for divorce in the county where either spouse resides. Working with an experienced divorce attorney can help ensure you meet all the requirements and that your divorce proceedings go smoothly.
3. Date When Separation Started
When pursuing a no-fault divorce based on separation in North Carolina, the date the separation period began is crucial. The date helps determine fulfillment of the one-year separation requirement necessary to qualify for a no-fault divorce. In addition, the date of separation can also be important when dividing marital assets.
Any assets acquired during the marriage are considered marital property and are subject to equitable distribution in a divorce. Therefore, establishing a precise date of separation can help place a value on the marital assets and ensure fair division, where the courts may favor a 50/50 distribution between the spouses. It’s advisable to consult with a divorce attorney to discuss your situation and protect your legal rights.
4. Incurable Insanity and 3 Years of Separation
Incurable insanity and three years’ separation due to incurable insanity is another ground you can establish to qualify for a no-fault divorce in North Carolina. In this case, one spouse must be adjudicated insane, institutionalized, or deemed incurable for at least three years. In addition, the other spouse must have lived separately and apart from the institutionalized spouse during this period.
If one can establish these requirements, the non-institutionalized spouse may file for divorce based on incurable insanity. Working with an experienced divorce attorney can help ensure that you meet all the requirements and also help you to understand your obligations and protect your legal rights throughout the divorce proceedings.
5. Expert Testimony for Incurable Insanity
Expert testimony from two qualified doctors is a requirement to obtain a no-fault divorce in North Carolina based on incurable insanity. One of the doctors must be a psychiatrist in one of North Carolina’s four-year medical schools, and both doctors must testify that the institutionalized spouse is incurably insane.
The court will review the testimony and determine the fulfillment of the requirements for a no-fault divorce based on incurable insanity. The process can be complex, and hiring an experienced divorce attorney can help you navigate through and successfully establish all the requirements for granting a no-fault divorce.
Conclusion
North Carolina is a no-fault state on divorce; instead, the party pursuing divorce must establish at least one year of separation or incurable insanity. However, while these options may seem straightforward, they require careful consideration of the legal requirements and procedures involved. Working with an experienced divorce attorney can help you meet all requirements, protect your legal rights, and achieve a fair and equitable resolution to your divorce or separation. With a skilled attorney’s guidance, you can confidently navigate the legal process and move forward toward a new chapter in your life.