Quick Facts on Separation, Divorce & Annulment - North Carolina Divorce Source

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Quick Facts on Separation, Divorce & Annulment

Information Provided by: Gilpin & Hatcher, P.C.

Despite popular use of the term, "Divorce" is not the name for the process by which husbands and wives typically resolve all aspects of a marital dissolution, such as child custody, child support, spousal support, and property distribution.

Two types of divorce: Absolute Divorce and Divorce from Bed and Board

Absolute Divorce - final end to a valid marriage
Divorce from Bed and Board - an authorized separation of a husband and wife by a court of law but not an ending to their marriage

Requirements for an Absolute Divorce (not based on incurable insanity):

The parties must have a valid marriage
Either husband or wife is a citizen and resident of North Carolina for at least six months at the time the complaint is filed
Husband and Wife separate with the intent of at least one of them to end the marriage
Must have lived separate and apart for at least one year immediately prior to filing of the complaint

Requirements for an Absolute Divorce (based on incurable insanity):

The parties must have a valid marriage
Either husband or wife is a citizen and resident of North Carolina for at least six months at the time the complaint is filed
Must have lived separate and apart for at least three consecutive years immediately prior to filing of the complaint by sane party

Requirements for a Divorce from Bed and Board:

The parties must have a valid marriage
Either husband or wife is a citizen and resident of North Carolina for at least six months at the time the complaint is filed
Fault by either husband or wife as follows:

Abandonment
Maliciously turning the other out of doors
Cruel and barbarous treatment endangering the life of the other
Offering indignities to the person of the other spouse so as to render his or her condition intolerable and life burdensom
Excessive use of alcohol or drug use
Adultery

The following marriages are subject to annulment:

Between any two persons nearer of kin than first cousins; or
Between any two persons who are double first cousins; or
Between a male person under sixteen (16) years of age and any female; or
Between a female person under sixteen (16) years of age and any male; or
Between persons either of whom has a husband or wife living at the time of such marriage; or
Between persons either of whom is at the time physically impotent; or
Between persons either of whom is at the time incapable of contracting from want of will or understanding; or
A marriage entered into under the representation and belief that the female partner to the marriage is pregnant, followed by the separation of the parties within forty-five (45) days of the marriage and which continues uninterrupted for one (1) year, shall be voidable if no child is born to the parties within ten (10) lunar months of the date of separation.

There are defenses to an action for annulment.

Once an annulment is granted, the marriage is declared void from its inception.

No rights of marriage can flow from an annulled marriage.

Information Provided by: Gilpin & Hatcher, P.C.

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The court considers joint custody upon the request of either parent. If the court finds that domestic violence has occurred, the court shall enter such orders that best protect the children and party who were the victims of domestic violence. If a party is absent or relocates with or without the children because of an act of domestic violence, the absence or relocation does not weigh against the party in determining custody or visitation.

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