In North Carolina, do you need a reason for your divorce?
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In North Carolina, do you need a reason for your divorce?

On Behalf of | Oct 20, 2021 | Family Law/Divorce

You know how it is when you decide to break up with someone that you’re dating. They may be fine, but you fall out of love and just don’t want to be together anymore. They ask for a reason and you just say that you no longer feel the same. 

Divorce feels different, though. There’s a whole court process that you need to go through. Does this mean that you also need a reason for your divorce that goes beyond simply feeling like it’s time for the marriage to end? Do you need to place fault or blame on your spouse?

North Carolina uses no-fault divorce almost exclusively

You may be glad to learn that fault is not needed. In fact, with exceptions for insanity or separation, North Carolina almost exclusively has couples file for no-fault divorce cases. No one has to place blame on anybody else for the marital breakup —  and no one has to accept it. 

In some senses, the court does not care and doesn’t even need to know why you’re getting divorced. It’s not going to impact the process. Maybe your spouse was unfaithful. Maybe you’ve drifted apart. Maybe you argue too often. That doesn’t alter how assets and time with the kids will get divided, at least in most cases. And that’s why the court is involved — to help you sort out the post-divorce details. You don’t have to prove to them that the divorce is needed or warranted. 

Working through that process

That being said, there are a lot of details to consider as you move forward. Be sure you are well aware of your legal rights and the steps you do need to take.