North Carolina Divorce FAQ’s – Miscellaneous

This is about miscellaneous issues for divorce in North Carolina, including residence requirements, grounds for divorce, common law marriage, annulment, legal separation, and any requirement for parent training in North Carolina.

This information is from Lee Rosen, the DivorceInfo Network Lawyer for North Carolina. Click here to visit his web site.

What are the requirements for residence?

Either you or your spouse must live in the state for at least six months prior to filing the action for divorce.What are the grounds for divorce? There are only two grounds for divorce in North Carolina. The first is a one-year separation. You must assert, under oath, that you and your spouse have been living separate and apart for one year. It is not enough to assert that you have lived in separate bedrooms, or that you have not engaged in acts of sexual intercourse. You must live in separate residences during that year. You do not need to file any papers to document the beginning of your separation; your assertion is sufficient to prove that the year has elapsed. The second ground for divorce in North Carolina is incurable insanity. However, this is rarely used.

Is there such a thing as common law marriage?

North Carolina bars common law marriage by statute. The act of living together, appearing to be husband and wife, does not create a marriage in North Carolina no matter how long you live together.

How does annulment work?

Annulments are available only in limited circumstances in North Carolina. These circumstances include all marriages between any two persons nearer of kin than first cousins, between double first cousins, between persons either of whom is under sixteen years of age, between persons either of whom has a spouse living at the time of the marriage, between persons either of whom is at the time physically impotent, or between persons either of whom is at the time incapable of understanding the marriage vows. Additionally, a marriage contracted under the belief that the wife is pregnant, followed by the separation of the parties within 45 days of the marriage, which separation was continuous for a period of one year, shall be annulled unless a child was born to the parties within ten months of the date of separation.

Is there such a thing as legal separation? If so, how does it work?

North Carolina does not have a process called “legal separation”

Do parents of minor children have to go through parent training? If so, how much does it cost, and how long does it take?

Some North Carolina counties have a parent training program. Parent training is not mandated by statute, it is, however, sometimes required by some judges. Typically, parent training classes last about three hours and cost about $50.00.

Other issues in North Carolina: