Grounds for Divorce in Fayetteville, North Carolina
To dissolve a marriage, a divorce case filed in the state of North Carolina, including the city of Fayetteville, must declare the grounds under which the divorce will be granted. To file for a divorce, either spouse must have been a resident of the state of North Carolina for at least six months. The divorce proceedings will be in the county where either party resides. A spouse seeking a divorce in North Carolina should fully understand the grounds under which a divorce can be granted based on North Carolina law.
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Separation
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Spouses must be living apart for one year on the grounds of separation. North Carolina residents can file for a no-fault divorce (in which neither spouse is blamed for the failure of the marriage) on the ground of separation, after the couple has been living separate and apart for one year. North Carolina General Statutes states that "North Carolina recognizes legal separation, provided, that the separation agreement must be in writing and acknowledged by both parties before a certifying officer."
Abandonment
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The abandonment ground requires that a spouse has left the home. North Carolina courts will grant a fault divorce on the grounds of abandonment or desertion. The spouse seeking the divorce will have to provide evidence or testimony that her husband abandoned or left the home for an extended period of time, with circumstances indicating that he abandoned any marital obligations. North Carolina will grant a divorce for the similar ground of maliciously turning the other out of doors.
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Indignities, Drugs and Adultery
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A spouse's drug or alcohol addiction is a ground for divorce in North Carolina. North Carolina residents can also obtain a divorce on the grounds related to the misconduct of one's spouse. These grounds are indignities that render other spouse's condition/life intolerable/burdensome, cruelty or violence, drug/alcohol addiction and adultery. All these grounds also fall under the fault divorce, which would require proof by evidence or testimony.
Incurable Insanity
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Incurable insanity is difficult to prove and seldom used. The other ground for no-fault divorce in North Carolina is incurable insanity. Incurable insanity must be supported with evidence or testimony; however, this ground is rarely used because of the difficulty of proving both the insanity of the spouse, and the incurability.
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References
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