You might be granted a divorce in North Carolina if your spouse is ‘incurably insane.’ Here’s how

Grounds for Divorce in North CarolinaPhoto byLehnhardt Price Family Law

In North Carolina, the divorce process can be challenging, particularly due to the mandatory one-year separation requirement.

This law mandates that couples must live separately for at least a year before filing for divorce, a rule that can be frustrating for many.

Mandatory Separation Period

• Requirement: Spouses must live in separate households for 365 days before filing for divorce.
• Restarting the Clock: If the couple spends a night together, the separation period resets.
• Challenges: This waiting period can be mentally, financially, or physically taxing for some couples.

Exceptions to the Separation Requirement

• Incurable Insanity: A divorce can be filed after three years of living apart if a judge determines that one spouse is "incurably insane."

Annulments

According to WomensLaw.org, An annulment can be sought in specific cases, where the marriage is considered invalid from the beginning. Grounds for annulment in North Carolina include:

• Close Relation: Spouses are more closely related than first cousins, or are “double first cousins” (children of two brothers and two sisters who married each other).
• Underage Marriage: One spouse was under 16 at the time of marriage.
• Bigamy: One spouse was already legally married to someone else at the time of marriage.
• Impotence: One spouse was impotent at the time of marriage.
• Incompetence: One spouse was incapable of consenting to the marriage due to mental incompetence.

Alimony in North Carolina

Dependent spouses, those who are financially dependent on their partners, may be entitled to alimony. Factors considered by judges when determining alimony include:

• Age and health of both parties
• Education and earning capacity
• Length of the marriage

Alimony payments cease if the dependent spouse remarries, begins cohabiting with a new romantic partner, or if either spouse dies.

Filing for Divorce in North Carolina

To initiate a divorce, the following documents must be submitted to the clerk of court in the appropriate county:

• Complaint: Outlines the facts of the case and reasons for requesting a divorce.
• Summons: Notifies the spouse of the divorce proceedings.
• Domestic Civil Action Cover Sheet: A standard form used in civil cases.
• Affidavit: Indicates whether the spouse is in the military.
• Court Filing Fee: Required fee for processing the divorce.