The filing parties must be legally separated for at least one year in North Carolina before filing for divorce. North Carolina recognizes legal separation, provided, that the separation agreement must be in writing and acknowledged by both parties before a certifying officer. This is just one of the pitfalls one may find him/herself without a skilled family law lawyer to advise their best interest.
Grounds for Divorce in North Carolina
North Carolina allows the following grounds for divorce
- Living separate and apart for one year
- Living separate and apart for three consecutive years, without cohabitation, by reason of the incurable insanity of one of them, the court may grant a decree of absolute divorce upon the petition of the sane spouse
The following are allowable fault grounds for divorce if either party:
- Abandons his or her family
- Maliciously turns the other out of doors
- By cruel or barbarous treatment endangers the life of the other
- Offers indignities which render the other spouse’s condition intolerable and life burdensome
- Becomes an excessive user of alcohol or drugs
- Commits adultery
Divorce Lawyer in Durham
It has been said that no one wins in divorce case. The Law Office of John C. Fitzpatrick helps the people of Durham, Raleigh, Chapel Hill, and surrounding areas for more than a decade. Trust our experience with your case.