Grounds for Divorce in North Carolina
North Carolina’s absolute divorce is almost always no-fault based on time apart; a limited alternative exists for serious mental health circumstances. Fault matters more for alimony and divorce from bed and board than for absolute divorce.
No-Fault Ground (most common)
One year of continuous separation with the intent that the separation be permanent. You do not need to show misconduct to obtain an absolute divorce.
Alternative Ground
Incurable insanity requiring a three-year separation under specific medical/legal circumstances. This path is less common and requires additional proof.
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FAQs
Do I have to prove fault for an absolute divorce in North Carolina?
No. The usual ground is one year of separation.
Are there other grounds?
Yes. Incurable insanity with a three-year separation is an alternative but less common path.
Does fault matter in North Carolina?
Fault can affect alimony and certain interim remedies, but absolute divorce itself is usually based on time apart.
