Many people pursue no-fault divorces, even if they have the option of pursuing a fault-based divorce. No-fault divorces tend to be less contentious than fault-based divorces. The spouse petitioning the courts does not need to prove any sort of misconduct to qualify for a divorce. The other spouse typically cannot prevent the divorce from moving forward, regardless of how strongly they may feel about the situation.
In some states, no-fault divorces are the only option available. In North Carolina, the courts regularly hear both no-fault and fault-based divorce cases. When do spouses potentially qualify for a no-fault divorce under current North Carolina statutes?
A year-long separation is necessary
In some jurisdictions, people qualify for no-fault divorces by asserting that there has been an irretrievable breakdown of the marital relationship or that the spouses have developed irreconcilable differences. No proof of such claims is typically necessary.
In North Carolina, a lengthy separation is the required standard for a no-fault divorce. The spouse filing the petition with the family courts must have evidence that the spouses separated at least a year ago.
They must live separately and avoid spousal intimacy for no less than a year to be eligible for a no-fault divorce. The ability to move forward with divorce without waiting a year is one reason why people sometimes choose fault-based divorces in North Carolina.
There are benefits and drawbacks to both the fault and no-fault approaches to the divorce process. Reviewing marital circumstances with a family law attorney can help people choose the right grounds for their filings and better ensure that they can divorce promptly, with minimal complications.