What are the grounds for divorce?
In North Carolina, there are several grounds for divorce recognized by the state’s court system. The most common ground is called one-year separation, which means that the couple must have lived separate and apart for at least one year. Other common grounds for divorce include incurable insanity, or other mental disabilities, or substance abuse. In addition, the court will recognize adultery as a valid ground for divorce. In some cases, the court can also grant a divorce on the grounds of what is known as “constructive desertion.” This means that one spouse’s conduct or behavior has been so bad that it has effectively forced the other partner to leave the marital home. This includes physical, emotional, or mental abuse. In certain cases, a divorce can also be granted on the ground of extreme cruelty. This means that one spouse has inflicted or is likely to inflict serious mental or physical harm on the other partner. Finally, a divorce might also be based around the concept of abandonment, which means that one spouse has voluntarily left the marital home without any intention of returning. In North Carolina, the desertion must have lasted for a minimum of one year. In all cases, it is important to consult with a licensed family law attorney who can help identify the most appropriate grounds for divorce and assist with the divorce process.
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