Charlotte Divorce Lawyer Blog
No-Fault Divorce in North Carolina
In years gone by, when couples wanted to divorce, they had to have a good reason to do so. The legal reasons for divorce are also called grounds for divorce. Today, every state in the country has no-fault divorce. The rules or qualifications for obtaining a no-fault divorce vary by state. North Carolina has some requirements for a no-fault divorce. In North Carolina, divorce is also called by the legal name of absolute divorce. This simply means that a couple ends their marriage completely.
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What is a No-Fault Divorce?
No-fault divorce is a dissolution of marriage because the couple has irreconcilable differences. The marriage is no longer viable. This option allows for an easier way to end a marriage than to put the blame on the other party. In the past, some of the grounds for divorce included adultery, cruelty, abandonment, and other forms of marital misconduct. Today’s couples are able to more civilly end their marriages without the need for a reason that places fault on one spouse or the other. Marital misconduct still may come into play in issues of alimony and in some cases, child custody.
Criteria to Seek a No-Fault Divorce
North Carolina offers two types of divorce, including divorce from bed and board and absolute divorce. Divorce from bed and board is basically a legal separation and does not actually end the marriage. Absolute divorce is the most common form of divorce since it settles the marital estate and dissolves the marriage. To seek a no-fault divorce in North Carolina, you must meet the criteria, which includes:
- Separation – Spouses must live separately for a period of at least one year
- Residency – At least one spouse must have resided in North Carolina for at least 6 months prior to filing for divorce.
It is important to note that at least one spouse must have separated with the intention to end the marriage. If the couple gets back together during the separation period and then later decides to divorce, they must begin the separation period again.
When Does Fault Matter in Divorce?
The premise of the no-fault divorce is that neither person places blame on the other for the failure of their union. While the no-fault divorce makes things simpler and less stressful for the most part, it doesn’t account for any wrongdoing. Even with a no-fault divorce, marital misconduct does play a role in some aspects of divorce.
While it generally does not impact the distribution of marital property, it can be considered in other parts of divorce, specifically in alimony and child custody matters. Alimony, or spousal maintenance, may be impacted if one spouse has wrongfully used marital funds. In cases of domestic abuse, a spouse may be limited from contact with a child, or visitation may be overseen by a third party. This supervised visitation protects a child from potential harm.
Divorce is easier with guidance from our experienced attorneys. Call us today at Arnold & Smith, PLLC, at (704) 370-2828 to request a consultation.
The family law practice group at Arnold & Smith, PLLC includes two Board-Certified Family Law specialists and one Child Welfare Law specialist, as well as several attorneys with many years of family law experience that are committed to providing a powerful voice to individuals facing the often-tumultuous issues in this area of law. The range of issues our family law clients may be facing include pre- and post-nuptial agreements; separation agreements; post-separation support; child support (both temporary and permanent); absolute divorce; divorce from bed and board; military divorce; equitable distribution of assets; child custody (both temporary and permanent); retirement benefits and divorce; alimony and spousal support; adoption; and emancipation. Because this area of the law is usually emotionally charged and complicated, the family law attorneys at Arnold & Smith, PLLC act with the utmost dedication to ensure that each client understands his or her options, and then act to achieve the best result possible for that client’s particular situation.
Source:
https://www.law.cornell.edu/wex/no-fault_divorce
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