Getting a No Fault Divorce in North Carolina


Corby Law is making no fault divorce in NC easier for everyone, including you.  Divorce is a process that can have a profound impact on the lives of both parties. When seeking a divorce, it is important to know your options and how those options will affect you. Couples looking to divorce have the option of a no fault divorce. In NC, the party requesting the divorce does not have to prove that something was done wrong by the other party. This means that neither party is determined to be the cause of the divorce.

Requirements for No Fault Divorce In NC

North Carolina, only has two requirements for a no fault divorce:

  1. At least one of the spouses is a North Carolina resident or has been at least six months prior to the divorce proceedings.

  2. You and your spouse have been separated for at least 12 months. This means you must have stayed in different residences and slept under different roofs.

Pros and Cons of No Fault Divorce

The pros of a no fault divorce include:

  • The ability to file for a divorce at any time after meeting the residency requirement.

  • No specific reason for the divorce is needed.

  • All property is usually divided into equal proportions.

The cons of a no fault divorce include:

  • Divorce is made easy. This could encourage couples to not put in the work to possibly save a marriage that has a chance.

  • The court can take marital misconduct into account when deciding property distribution, child support, and child custody. 

Process for No Fault Divorce in NC

You still need to go through court proceedings for a no fault divorce. The court will require documentation of you and your spouse’s separation. This documentation needs to prove that you were separated for 12 consecutive months. If you temporarily reconcile with your spouse, the 12 month time period restarts once you decide to permanently separate again.

No fault divorce does not mean you can automatically obtain a divorce that your spouse does not want. When the divorce complaint is filed, your spouse is served a summons. If an answer is not given in 30 days, a divorce could be granted by default. If the spouse contests the divorce, the judge will make the determination.

Securing an Attorney

A no fault divorce still involves a court proceeding, so it is always a good idea to consult with an attorney. When signing a separation agreement, an attorney will make sure the it considers your rights and is fair. An experienced and highly knowledgeable attorney can also answer any questions, address concerns surrounding the divorce proceedings, and guide you through the process. They can also assist with issues concerning child and spousal support or child custody.

If you are considering a divorce in North Carolina, the attorneys at Emblem Legal can assist you. We can help you determine if your situation warrants a no fault divorce and how to navigate the process. We know divorce can be an emotional and complicated process, but we can help make the process less complicated giving you the support you need.