Grounds for Divorce in North Carolina

“Grounds for divorce” are the legal reasons for a divorce. North Carolina permits an “irreconcilable differences” type of no fault divorce as well as fault divorces.

In addition, North Carolina law provides for something called a “divorce from bed and board.” This is the closest equivalent that North Carolina has to a legal separation. Although less common, a couple may request a divorce from bed and board in lieu of a divorce (however, unlike a typical divorce, both spouses must request a divorce from bed and board). The parties stay legally married, however a divorce from bed and board effectively accomplishes an economic divorce. Assets are distributed in a similar way to a divorce and the spouses obtain a judgment that, among other things, distributes assets and provides for alimony and support awards. A court will grant a bed and board divorce on the same grounds as a typical divorce. An attorney should be consulted to fully understand the legal implications of a bed and board divorce.

No-Fault:

To obtain a divorce on no fault grounds, is it required that the parties lives separately and apart for a period of one year.

Fault:

There are other grounds for obtaining a divorce on fault grounds, such as:

  • Abandonment
  • Divorce from bed and board
  • Maliciously turns the other out of doors
  • Cruelty and inhuman treatment
  • Excessive use of drugs and alcohol
  • Adultery
  • Incurable insanity
  • Offers such indignities that the other spouse’s life becomes intolerable or burdensome