Are there any defenses to a divorce action?

Yes, there are defenses to a divorce action in North Carolina. The North Carolina Supreme Court has held that a party may be entitled to a defense as a matter of law, such as in cases involving "collusion, condonation, connivance, fraud, duress, or an abuse of discretion of the court in decreeing the divorce" in the granting of the divorce. In addition, a party may also be able to challenge a divorce action on the ground that there is no legal cause for the action. For example, if the party seeking the divorce is not able to prove the allegations of the complaint, such as adultery or desertion, the court may deny the divorce. Furthermore, a party may also be able to challenge a divorce on the ground that the party seeking the divorce has insufficient grounds to obtain a divorce. In order for a party to be successful in defending a divorce action, the party must be able to prove any of the grounds for a defense that are listed above, as well as any other facts and circumstances that may be relevant to the dispute. It is important to note that North Carolina does not recognize no-fault divorces, meaning that a court must find that one of the grounds for divorce was actually met before the court will grant the divorce.

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Are there any defenses to a divorce action?

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