Do I Need Grounds for Divorce in North Carolina

Since North Carolina is a no-fault state, spouses need not present any reason to get a divorce.  There are only two requirements to divorce your spouse in North Carolina. First, the parties must live separate and apart for at least one year and a day.   Second, one spouse must intend to end the marital relationship.

In addition, the law does not require both spouses to agree to the divorce.  Sometimes one spouse wants to remain married while the other spouse and wishes to object to the divorce.  Even if this is case, upon proving that you’ve been separated for a year and a day, the law requires that a divorce be granted.

The martial actions of one or both spouses in a marriage is relevant in determining the amount and duration of alimony as well as division of property in an equitable distribution action.