If you wish to file for divorce in North Carolina, then you need to understand the rules set by state law. Note that laws differ from state to state, so you should not base anything on the laws in a different state.
Fault and Grounds for Divorce
According to the North Carolina Judicial Branch, you do not have to prove fault as the state does not recognize any ground for fault in a divorce. One spouse may file without the other spouse’s agreement. The court will issue a divorce even if one spouse objects.
An exception to this is filing on the grounds of incurable insanity. It requires living apart for at least three years. Your spouse must be in an institution during those years or have an order from the judge that he or she is insane at least three years prior to filing. You must have at least two doctors testify that your spouse has an incurable mental illness.
Divorce Filing Requirements
You must separate from your spouse and live separately for one year and one day before you can file for a divorce. You also must show that you intended for the separation to be permanent. One of you must live in North Carolina for at least six months prior to filing. You may want to consult with a divorce attorney Jacksonville NC to find out additional filing details.
If you want a divorce and do not want to ask for spousal support or division of property, then you can file for a simple divorce. Any property you own belongs to whoever’s name is on the title. If you own joint property, it remains joint property after the divorce. You both lose all rights to ask for spousal support or property division through the court.
Do note child support is not a part of a simple divorce. It is a separate issue. Both parents have a legal obligation to provide financial support for their children.
A divorce can be quite complex. It is important that you understand and follow the law to prevent issues during the process and to help things go smoothly.