Grounds for divorce in North Carolina may require proof of:
- A period of separation of at least one-year OR
- Incurable insanity of one spouse AND three consecutive years of living separate and apart **
North Carolina is generally considered “no fault divorce” jurisdiction. Fault or legal excuse need not be alleged as grounds for an absolute divorce.
The North Carolina divorce laws are such that obtaining a final divorce is not ordinarily a speedy process.
While a married couple ordinarily must be legally separated for a period of one year before a divorce may be granted by the Court, formal filing for separation is not required under the law.
** Divorces alleging incurable insanity, as well as filings as Divorce from Bed and Board, are now somewhat rare.
Where Should I File for Divorce?
At least one of the married partners must have the intention to remain separate and apart.
North Carolina will recognize an out-of-state divorce decree, if properly filed and it otherwise complies with the NC Divorce Laws.
Leaving the state to obtain a divorce, with the intent to circumvent the residency or jurisdictional requirements, can result in North Carolina not recognizing an out-of-state filing.