In North Carolina, a divorce can be obtained when one spouse has lived in the state for at least six months and the couple has lived separate and apart for one year. This separation must be continuous and without any cohabitation. The concept of “fault” relates to whether one spouses actions caused the breakdown of the marriage. Some states require proof of marital misconduct to grant a divorce.
Understanding divorce law requires recognizing the nuances between jurisdictions. Some states allow divorce based solely on the breakdown of the marital relationship without assigning blame. Historically, proving fault, such as adultery or abuse, was the primary method for obtaining a divorce. The introduction of separation periods as grounds for divorce offered a less adversarial path for couples seeking to dissolve their marriage.
