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What are the grounds for divorce?

If you want to divorce your spouse in North Carolina, it is essential that you understand the available grounds for a divorce. While you may hope that you can reveal damaging information about your spouse, such as cheating allegations, through filing that is not likely to happen because the state only allows two grounds for divorce.

According to the North Carolina Bar Association, you may divorce your spouse on the basis of incurable insanity with a three year separation or you may divorce on the grounds you have been separated for one year. There are no other options and fault is not assigned. This means you cannot divorce because your spouse cheated on you or because he or she has a substance abuse problem unless you have been separated. 

To be separated, you do not have to do anything legally, such as file something with the court. You simply must live apart. This means you cannot live or use the same address. You must remain separated for at least one year before you can begin filing for a divorce. 

It is also essential that one of you intends to remain separated. This means if you have no intention of every reconciling with your spouse, then you meet the requirement. This is true even if your spouse keeps attempting to reconcile with you. It just takes one of you who wants out of the marriage to meet the divorce requirements. This information is only intended to educate and should not be interpreted as legal advice.

 

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