Family: Summary of North Carolina No-Fault Divorce Law
Authored By: Legal Aid of North Carolina
In North Carolina you can obtain a divorce without proving that you or your spouse caused your marriage to fail.
The law in NC permits a divorce based upon one year of separation without regard to fault.
To obtain a divorce because of one year of separation (a "no-fault divorce"), you must establish the following requirements:
1. You or your spouse must have lived in North Carolina for at least 6 months before the divorce is filed;
2. You must have been married to the person you are trying to divorce;
3. You and your spouse must have lived separate and apart for one year preceding the filing of the divorce; and
a. You must show that at least one of the spouses has intent not to resume the marriage.
In North Carolina living separate and apart means living in separate residences.