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North Carolina men’s divorce attorneys provide answers to frequently asked questions about divorce laws and the divorce process in North Carolina.
In North Carolina, the grounds for divorce are that the couple must have lived separate and apart for one year and that one party must have resided in North Carolina for six months prior to the filing of the action.
You can also apply for divorce on the basis of incurable insanity.
This ground is not often used due to the fact that you have to live separate and apart for three years and you need proof of incurable insanity.
However, you should see a lawyer prior to filing for divorce to make sure there are no other viable claims that you wish to pursue.
In North Carolina, if you are granted a divorce (i.e.
the judge signs the divorce papers) then your claims for alimony and equitable distribution are barred.
You need to consult with a lawyer to make sure that you understand your rights on the issues of alimony and equitable distribution prior to filing for divorce. North Carolina does consider fault in other circumstances however (i.e. In a divorce action alone, it is merely the legal ending of your marriage.
An Absolute Divorce action does not decide the issue of maintenance.