No-Fault Divorce in North Carolina
State-specific overview · Family Law
North Carolina requires a one-year separation period before granting a no-fault divorce.
How North Carolina treats No-Fault Divorce
North Carolina does not allow immediate no-fault divorce; instead, spouses must live separate and apart for one full year before either can file for divorce on no-fault grounds. This separation requirement is strict and applies regardless of whether both parties agree. The state also recognizes fault-based grounds that do not require separation. After the one-year period, the divorce becomes largely uncontested on the separation ground alone.
The general definition of No-Fault Divorce
A divorce granted without requiring either spouse to prove wrongdoing by the other.
A no-fault divorce is a divorce where neither spouse has to prove that the other did something wrong, like infidelity or abuse. Instead, one or both spouses simply state that the marriage is irretrievably broken or that they have irreconcilable differences. This is the most common type of divorce in the United States today. No-fault divorces are generally faster and less contentious than fault-based divorces because they don't require gathering evidence of misconduct.
Read the full No-Fault Divorce entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in North Carolina.