What is fault-based divorce?

Fault-based divorce is a type of divorce available in North Carolina that is based upon the fault of one or both parties involved in the marriage. This type of divorce is typically used when one of the spouses has caused enough harm to make it impossible for the other spouse to continue in the marriage. Examples of harm that would constitute fault-based divorce include desertion, adultery, abuse, or drug/alcohol addiction. In North Carolina, fault-based divorce can be granted on the grounds of adultery, drug/alcohol addiction, extreme cruelty, or desertion. Adultery means a spouse having sexual relations with someone outside of the marriage. Drug/alcohol addiction is defined as having an addiction to drugs and/or alcohol that endangers the life of the other spouse. Extreme cruelty is when one spouse physically or mentally harms the other spouse to the point where it is dangerous to stay in the marriage. Desertion means that one spouse has abandoned the other for at least one year or longer. Fault-based divorces can be difficult to prove in court, as the other spouse must provide sufficient evidence that the fault occurred. The courts will always try to come up with an arrangement that is fair and agreeable to both parties, such as by offering an equitable division of assets or custody of children. It is important to note that fault-based divorces take longer to be processed than a no-fault divorce. As such, it is recommended to seek legal advice if considering a fault-based divorce in North Carolina.

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What is fault-based divorce?

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