North Carolina laws allow no-fault divorce. In this state, a person does not have to prove that the other spouse was at fault in order to file for divorce. However, filing for divorce may not be as simple as claiming that you are incompatible with your spouse. There are certain conditions with which you must comply before you file for divorce.
Grounds for Divorce in Cary
Under North Carolina law, you can file for divorce, provided you are able to prove the following:
- You have lived separately for a minimum period of one year, and meet residency requirements. (You or your spouse must have lived in North Carolina for at least six months before you filed for the divorce.)
- Your spouse is incurably insane. (In general, insanity is rarely grounds for divorce, and most of the divorces granted in North Carolina are not based on incurable insanity. In this case, however, the minimum separation period is extended to three years.)
Couples may seek a divorce from bed and board, which is based on fault, though. However, this does not end the marital relationship, and the couple may not remarry until achieving an absolute divorce.
The criteria for a divorce from bed and board include:
- cruelty or barbaric treatment;
- turning the other spouse out of doors;
- abandonment of the family;
- making the spouse’s life intolerable;
- addiction to alcohol or drugs; and
- adultery.
Speak with a divorce lawyer at our firm about the grounds you must meet before you file for divorce and other requirements with which you must comply before filing papers.
Criteria for a Valid Separation
The separation period of one year is a cornerstone of the divorce process in Cary. In other words, you must meet all the criteria for the separation before you file your petition for divorce. Here are some of the criteria that you must meet, and may need to prove, before filing for divorce:
- The separation must have lasted for at least one year. (You must be able to prove that the separation period lasted one year, but you do not necessarily have to provide official documentation. However, you must remember the exact date when the separation began.)
- You or your spouse must have intended a permanent separation at the time that the separation began.
- You must not have had any marital relations during the separation.
Once you have determined that you have indeed met all the separation criteria and are in compliance with the residency requirements, you can go ahead and file for divorce. But before you do so, speak with your attorney about handling other issues like child custody, property division, alimony and more.
What is the process for divorce in Cary?
You must file a Complaint for Absolute Divorce, which clearly mentions the appropriate grounds for which you want to seek a divorce from your spouse. File the complaint in family court. Your spouse will have to be served with a copy of the divorce papers. The Sheriff’s Department in your county will serve them. The case can move on only after a period of 30 days after the divorce papers are served to your spouse. Your spouse then will have a chance to respond to your divorce papers.
You then will schedule a date for the divorce hearing and serve a copy of the Notice of Hearing to your spouse at least 10 days before the actual hearing date. You must be present at the hearing. At the end of the hearing, provided that all legal documentation is in order, the judge will sign your divorce papers, finalizing the dissolution of the marriage.
Contact Williams Law Group in Cary
Divorce is a traumatic time in a person’s life, and many need the support and advice from attorneys who can help you address issues like custody, alimony, property division and more while pursuing a divorce. Our family attorneys can help you resolve divorce-related issues. Speak with a divorce lawyer at the Williams Law Group before you file divorce papers. Call us at 919-267-2165 today.
