What are the different types of divorce?
In North Carolina, a couple may pursue two types of divorce. The first is a no-fault divorce, which means that the parties involved can agree to end the marriage without assigning blame. To obtain a no-fault divorce, either party must provide grounds that the marriage has been “irretrievably broken.” This typically means the couple has been living apart for at least one year, or they cannot get along and have no plans to reconcile. The second type of divorce is a fault-based divorce. This occurs when one party has the legal grounds to prove that the other is at fault for ending the marriage. Fault-based grounds for divorce include adultery, cruel and inhuman treatment, and abandonment. In some cases, the court may award a spouse a larger portion or more assets in a fault-based divorce. It is important to note that North Carolina is one of 18 states that recognize legal separation. This means that the couple is still legally married, but the court can provide orders to divide up finances and assets. For instance, the court may assign alimony payments and child support. A couple may choose to pursue a legal separation if they wish to avoid the finality of a divorce.
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