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Grounds for Divorce: North Carolina

Each state has unique grounds in which a divorce may be granted by the court. When choosing the grounds for your divorce, you should always remember that you must have sufficient proof to the court that your marital situation warrants a divorce by the grounds you are requesting the divorce to be granted.

Grounds for Filing: The Complaint for Divorce must declare the appropriate North Carolina grounds upon which the divorce is being sought. The appropriate lawful ground will be that which the parties agree upon and can substantiate, or that which the filing spouse desires to prove to the court. The divorce grounds are as follows:

The court may grant divorces from bed and board on application of the party injured, made as by law provided, in the following cases if either party:

No-Fault:

(1) Husband and wife have lived separate and apart for one year.

Fault:

(1) Abandonment.

(2) Maliciously turns the other out of doors.

(3) By cruel or barbarous treatment.

(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.

(6) Adultery.

(North Carolina Statutes - Chapter 50 - Sections: 50-5.1 and 50-6)

If you do not fall under any of the above mentioned grounds for divorce or dissolution, you most likely should consider trying to save your marriage. Many spouses find that they do not meet the requirements of a waiting period, which can be very frustrating, but it is these waiting periods that are in effect in order to help prevent rash decisions to terminate a marriage.

Related Divorce Resources:

- Start Your North Carolina Divorce Today (5 Great Options!)
- Locate a North Carolina Divorce Professional Near You
- Read More About North Carolina Divorce Laws

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The information on this page is used with permission of Nova Publishing Company
Copyright 1999 Daniel Sitarz - Unauthorized reproduction is prohibited
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