North Carolina is actually both, a No Fault and an At Fault state for divorce. Depending on the circumstances you are facing at the time, you may file for either. Each of these types of divorces, however, has essential legal requirements. In order to find out which type of divorce best suits your needs, it is best that you speak with a family lawyer to get more information.
When filing for a divorce in North Carolina, there does not have to be any particular reason for doing so. These types of divorces are most commonly known to contain irreconcilable differences. Although there is no specific reason to your divorce under these laws, you must remain separated for one year before filing for a divorce and at least one of you has to have resided in North Carolina for at least six months prior to filing.
In North Carolina, being separated consists of you and your spouse living in two different residences, with no intent of reconciling. You do not need any legal documentation proving that you and your spouse were, in fact, separated for an entire year. All that is required as proof is the date that you separated. If you do reconcile your differences at any point during that period of separation, you must restart the clock if you separate.
If you need to speak to a divorce attorney, contact Adkins Law. We are located in Huntersville and primarily serve Mecklenburg County and the Lake Norman area.