North Carolina Divorce Laws
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The following is a summary of North Carolina divorce laws, and is by no means intended to be an all-inclusive description of what to expect in your particular case. In some cases, the exact text of the statute may have been simplified and/or modified to provide for easier understanding. For a more specific understanding of the laws, you should consult the full North Carolina Statutes and/or consult with an attorney about how the law might apply to your particular situation.

 

Grounds for Divorce.
A divorce in North Carolina can be granted on the grounds that the husband and wife have lived separate and apart for one year. Isolated incidents of sexual intercourse between the parties shall not toll the statutory period required for divorce predicated on separation of one year.

A divorce can also be granted on the following fault grounds, if either party:

(1) Abandons his or her family.

(2) Maliciously turns the other out of doors.

(3) By cruel or barbarous treatment endangers the life of the other.

(4) Offers such indignities to the person of the other as to render his or her condition intolerable and life burdensome.

(5) Becomes an excessive user of alcohol or drugs so as to render the condition of the other spouse intolerable and the life of that spouse burdensome.

(6) Commits adultery.

-From § 50-6 & 7 of the North Carolina Statutes.

 

Residency Laws.
A divorce in North Carolina can be granted when either party has resided in North Carolina for at least six months.

-From § 50-6 of the North Carolina Statutes.

 

Where to File Divorce.
You should file the divorce papers in the county where either spouse resides.

-From § 50-3 of the North Carolina Statutes.

 

Learn more about the general divorce procedure.

 

If your divorce is uncontested, we would love to guide you through the process from beginning to end. Learn more about how our uncontested divorce services can help you through your divorce.

Other pages on North Carolina laws:
General North Carolina Divorce Laws
Alimony Divorce Laws in North Carolina
North Carolina Child Custody Laws
North Carolina Child Support Laws
North Carolina Laws on Property Division

 

© Help Yourself Divorce 2002-2008

 

IMPORTANT: Help Yourself Divorce is a paralegal service, not a law firm. Please don't rely on this information for legal advice. Seek help from an attorney if you need legal advice.

This information has been summarized from the North Carolina statutes. You can find the full-text version of these and other North Carolina divorce statutes online here: North Carolina Divorce Laws.