In the past, ending a marriage required proving specific wrongdoing or misconduct by a spouse. Today, North Carolina operates as a no-fault state. This means the person filing for divorce does not need to prove that the other spouse caused the marriage to fail or acted improperly.
While the divorce itself is based on a no-fault system, evidence of marital misconduct can still impact financial outcomes. Specifically, judges may look at behavior such as infidelity when deciding on alimony or spousal support awards.
If you have questions about ending a marriage in Henderson County or want to understand how certain behaviors might affect your financial support, reach out to Brad H. Ferguson Attorney at Law PLLC. Brad H. Ferguson, a Haywood County native with more than 15 years of experience, provides dedicated representation to clients in Waynesville, Hendersonville, and throughout the region. You can reach the firm at (828) 452-1655.
North Carolina Law for No-Fault Divorce
When seeking an absolute divorce in North Carolina, you must meet two primary criteria:
- The couple must have lived apart for a continuous period of at least one year.
- At least one person must have been a resident of North Carolina for six months before filing.
To satisfy the separation requirement, at least one spouse must intend for the separation to be permanent. During that year, the couple must not have resumed their marriage or lived together.
Legal Separation Through Bed and Board
A divorce from bed and board is distinct from an absolute divorce. It is a court-ordered legal separation, but the individuals remain legally married. Neither person can remarry under this status.
Unlike the no-fault absolute divorce process, a divorce from bed and board is granted based on fault. According to state law, the court may authorize this if one party engages in specific behaviors, such as:
- Abandoning the family.
- Forcing the other spouse to leave the home.
- Endangering the life of the other person through cruel treatment.
- Engaging in conduct that makes the other person’s life unbearable.
- Using drugs or alcohol to an extent that makes the home environment intolerable.
- Committing adultery.
After this type of separation is granted, parties can still pursue alimony, child support, property division, or child custody. To remarry, however, a party must eventually obtain an absolute divorce.
How Marital Misconduct Affects Alimony and Support
Even though North Carolina is a no-fault state for the divorce itself, fault remains relevant when the court determines financial matters, including:
- Post-separation support.
- Alimony.
The court examines marital misconduct when setting support amounts. Evidence of behavior after the separation can also be used to support claims that misconduct took place during the marriage. State law defines marital misconduct as including:
- Illicit sexual relations with someone outside the marriage.
- Involuntary separation due to criminal acts or imprisonment.
- Abandonment of the spouse.
- Maliciously forcing a spouse out of the home.
- Cruel or dangerous treatment toward the other spouse.
- Behavior that makes the condition of the other spouse intolerable.
- Reckless spending or the waste/concealment of marital assets.
- Excessive drug or alcohol use that creates an intolerable living situation.
- Deliberately failing to provide basic financial support.
Get Legal Guidance for Your Divorce in North Carolina
While one spouse may feel the other is responsible for the end of a relationship, North Carolina law does not require you to prove fault to obtain a divorce. If you are experiencing a separation or are going through the process of being served, the team at Brad H. Ferguson Attorney at Law is prepared to assist. Brad H. Ferguson brings over 15 years of experience and deep local roots to your case. Call (828) 452-1655 to speak with our office.
Legal Disclaimer: The information provided on this site does not constitute a lawyer-client relationship and is for general informational purposes only. Attorney Brad H. Ferguson has not been involved in any cases mentioned on this blog. Content provided does not constitute legal advice and may not represent the most up-to-date information. No reader of this site should act or refrain according to the information given without first seeking legal counsel in their jurisdiction. If you have a pressing legal matter that needs attention, please contact our office via phone to schedule a consultation at 828-452-1655.