The physical separation of the parties must be accompanied by an intention on the part of one of the spouses to cease cohabitation. Thus, the intent of the other spouse is immaterial.
It is very important that you understand that in North Carolina, in order to be entitled to a divorce, you need not show that a marital separation for the statutory period was by mutual agreement or under a decree of court. Even if you were the spouse who left the marriage, your wife or husband cannot contest the divorce if the year has run and all other technical requirements have been satisfied.
Either party may secure an absolute divorce based upon one year’s separation even though he or she has committed a matrimonial offense or has wrongfully caused the separation.
