What are the Grounds for Divorce in North Carolina?

Divorce is a significant, personal, and emotionally charged legal process that involves the dissolution of a marriage. In North Carolina, state law determines divorce rules, and understanding the basics is critical for anyone considering ending their marriage. At Epperson Law Group in Charlotte, we are committed to guiding our clients through this challenging time with clarity and compassion.

Understanding the two types of divorce in North Carolina

In North Carolina, there are two primary types of divorce: absolute divorce and divorce from bed and board. Each type has distinct grounds and legal implications.

• Absolute divorce: This is the most common form of divorce and results in the complete termination of the marital relationship. An absolute divorce allows both parties to remarry and is typically sought after when the marriage is irretrievably broken.
• Divorce from bed and board: Despite its name, this is not a divorce in the traditional sense. Instead, it is a form of legal separation that does not dissolve the marriage but allows the spouses to live apart. Divorce from bed and board is based on fault grounds and can have significant implications for property division, alimony, and child custody.

Grounds for absolute divorce in North Carolina

North Carolina is generally a “no-fault” state when it comes to the dissolution of a marriage. No one needs to prove that the other party engaged in any wrongful conduct to divorce. Instead, obtaining an absolute divorce in North Carolina requires the parties to meet one of the following grounds:

• One-year separation: The most common basis for absolute divorce is that the spouses have lived separately and apart for at least one year. This means that the couple must reside in separate homes. At least one spouse must intend to end the marriage for the divorce to proceed on this basis. Even occasional cohabitation during this period may disqualify the separation as grounds for divorce. Importantly, if one of the parties wants to contest the actual divorce, the absence of the one-year separation would be the only viable grounds for doing so.
• Incurable insanity: The second basis for absolute divorce in North Carolina is incurable insanity. To incurable insanity as the reason for a divorce, one spouse must prove that the other has been incurably insane for at least three years. Divorcing parties rarely rely on this due to the complexity of proving incurable insanity and the availability of an absolute divorce based on a one-year separation.

Grounds for divorce from bed and board

Unlike absolute divorce, parties seeking a divorce from bed and board must use fault-based grounds, meaning one spouse must prove that the other has engaged in certain misconduct. The following are the recognized grounds for divorce from bed and board here in North Carolina:

• Abandonment: If a spouse leaves the marital home without the intention of returning and without the consent of the other spouse, the spouse that was left behind may claim abandonment. Abandonment also includes situations where one spouse forces the other to leave the home through mistreatment or neglect.
• Malicious turning out of doors: This ground applies when one spouse has been forcefully expelled from the marital home by the other without justification. It is a particularly harsh form of abandonment.
• Cruel or barbarous treatment: If one spouse subjects the other to any form of physical or emotional abuse that endangers their life, safety, or health, it constitutes cruel or barbarous treatment. This ground covers a wide range of abusive behaviors, including domestic violence.
• Indignities: Indignities refer to a pattern of behavior by one spouse that humiliates, degrades, or consistently makes the other spouse’s life intolerable. This can include verbal abuse, constant criticism, or public embarrassment.
• Excessive drug or alcohol use: If one spouse’s excessive use of drugs or alcohol makes cohabitation unsafe or unbearable for the other spouse, it can serve as grounds for divorce from bed and board.
• Adultery: While adultery is not a direct ground for absolute divorce in North Carolina, it can be a basis for divorce from bed and board. Adultery can also have significant implications for alimony and property division.

The impact of fault on Charlotte divorce proceedings

Even in the case of absolute divorce, in which proving fault is not required, parties’ behaviors can play a role in some of the court’s decisions. Also, in cases of divorce from bed and board based on fault grounds, the actions of the parties can influence the divorce proceedings significantly. For instance, fault may impact:

• Alimony: Fault-based grounds, such as adultery or abandonment, can affect alimony awards. For instance, if a spouse committed adultery, this may impact their ability to receive alimony. A dependent spouse who has been abandoned may be entitled to spousal support.
• Property division: Although North Carolina follows the principle of equitable distribution, fault grounds like abandonment or cruelty can influence how marital property is divided. A spouse’s misconduct may lead to a more favorable distribution of assets for the other spouse.
• Child custody: Fault-based grounds may also affect child custody arrangements. For example, a history of substance abuse or domestic violence could result in the offending spouse receiving limited or supervised visitation rights.

Proving fault in a divorce or divorce from bed and board

Proving the other party is at fault or engaged in misconduct that should influence the outcome of a divorce can be challenging. The evidence must be convincing enough to satisfy the court. Here’s what you need to know about proving allegations as grounds in a divorce from bed and board or as a way to impact outcomes in an absolute divorce:

• Documentation and witnesses: Evidence may include text messages, emails, photographs, medical records, and witness testimony. For example, in cases of adultery, evidence such as hotel receipts, love letters, or testimony from a private investigator can be critical. However, remember that there are laws against recording conversations without permission and other actions that parties might be tempted to engage in in an effort to gain this type of evidence.
• Consistency in testimony: Courts look for consistency in the testimony provided by the spouse alleging fault. Inconsistent or exaggerated claims can weaken a case and may lead to the court dismissing the grounds.
• Legal representation: Given the complexities of proving fault grounds, having experienced legal representation is essential. A skilled Charlotte divorce attorney can help gather the necessary evidence, present a compelling case, and navigate the legal nuances to achieve a favorable outcome.

Alternatives to proving fault: separation agreements

In some cases, spouses may prefer to avoid the complexities and emotional toll of proving fault grounds or fighting over all of the divorce terms. A separation agreement can be a viable alternative. This legally binding document outlines the separation terms, including property division, alimony, child custody, and support, without the need for fault-based litigation. A well-drafted separation agreement can simplify the divorce process and provide a clear path to obtaining an absolute divorce after the required one-year separation period.

How our Charlotte law firm can help

At Epperson Law Group, we understand that divorce is a deeply personal and often challenging experience. Whether you are seeking an absolute divorce or a divorce from bed and board, our team of experienced family law attorneys is here to guide you through every step of the process.

• Personalized legal strategy: We recognize that every divorce case is unique. Our attorneys take the time to understand your specific circumstances and develop a personalized legal strategy that aligns with your goals.
• Experienced representation: With years of experience handling complex divorce cases, our attorneys have the skills to effectively represent your interests in court. Whether you need to prove fault grounds or negotiate a separation agreement, we are committed to achieving the best possible outcome for you.
• Compassionate support: Divorce can be emotionally draining, and we are here to provide legal support and compassionate guidance. We listen to your concerns, answer your questions, and help you make informed decisions throughout the process.
• Comprehensive legal services: Besides divorce, we offer a range of family law services, including child custody, alimony, property division, and domestic violence protection. Our goal is to provide comprehensive legal support to help you confidently move forward.

If you’re considering divorce or need legal guidance during this challenging time, don’t go through it alone. Contact Epperson Law Group today to schedule a consultation with our experienced Charlotte family law attorneys. We’re here to provide the personalized support and expert representation you need to protect your rights and secure the best possible outcome for your future. Let us help you take the first step toward a new beginning. Please call our office or submit our contact form to schedule a case evaluation today. Our team is located in Charlotte, Concord, Weddington, and Boone for your convenience.