Residency Requirements:
In order to file for divorce in North Carolina, either spouse must
have been a resident of North Carolina for at least 6 months prior
to filing. [General Statutes of North Carolina; Chapter 50,
Section 50-8].
Legal Separation:
The grounds for legal separation are adultery, abandonment, alcohol or
drug addiction, cruel and inhuman treatment, personal indignities,
and evicting the spouse from the house. [General Statutes of North
Carolina; Chapter 50, Sections 50-7].
General Divorce Procedure:
There are no provisions for simplified divorce procedure.
Mediation or Counseling:
The court may order mediation if child custody is a contested issue.
[General Statutes of North Carolina; Chapter 50, Section 50-13.1].
Title of Divorce action:
Complaint for Divorce.
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Grounds for North Carolina Divorce:
No-fault:
North Carolina’s no-fault grounds for divorce is
living separate and apart without cohabitation for 1 year.
[General Statutes of North Carolina; Chapter 50, Section 50-6]
Fault-based:
Fault-based grounds for divorce in North Carolina are:
1) confinement for permanent insanity for 3 years;
2) incurable mental illness based on examinations
for 3 years.
[General Statutes of North Carolina; Chapter 50, Sections 50-5.1].
Where to file for divorce:
A divorce proceeding in North Carolina may be brought in the county
where either spouse resides.
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