There are only two grounds for divorce in North Carolina. The first is a one-year separation. You must assert, under oath, that you and your spouse have been living separate and apart for one year.
It is not enough to assert that you have lived in separate bedrooms, or that you have not engaged in acts of sexual intercourse. You must live in separate residences during that year. You do not need to file any papers to document the beginning of your separation; your assertion is sufficient to prove that the year has elapsed.
The second ground for divorce in North Carolina is incurable insanity. However, this is rarely used.
Lee is the founder of Rosen Law Firm and, while retired, still lives on through this website, a huge repository of information to help educate people about family law. It demystifies the divorce process, sharing the secrets and information that other lawyers normally try to keep hidden. Today, this website contains a vast assortment of webinars, legal forms, statutes, Q&As with lawyers, audio and video courses, articles, and lots more.
