The Different Types of Divorce in North Carolina

Did you know that in 2020, the divorce rate in the United States was around 2.3 in every 1000 population? 

There are so many reasons why marriages end, and it doesn’t matter how much you love your spouse or how much you want to work it out, divorce will always be an option. Knowing the different divorce types and how they work in North Carolina can make the process less frightening.

What are the different types of divorce in North Carolina? Read on to learn more.

Uncontested Divorce

An uncontested divorce is the most straightforward type of divorce in North Carolina. To file for an uncontested divorce, you and your spouse must agree on all aspects of the divorce, including division of property, alimony, and child custody and support.

Once you have reached an agreement, you will file your divorce paperwork with the court and attend a brief hearing. If you have minor children, the court will also require you to attend a parenting class.

Contested Divorce

In a contested divorce, the parties cannot agree on one or more issues, such as child custody, child support, alimony, or division of property.

This type of divorce can be very difficult and expensive, as the parties must go to court and have a judge decide on the disputed issues.

Divorce From Bed and Board

Bed and board divorce is a form of divorce that is used when one spouse has committed adultery, domestic violence, or abandonment. When a divorce is granted from bed and board, the couple is still technically married but they are no longer required to live together.

This type of divorce does not require that the couple have any grounds for divorce other than the fact that they no longer wish to be married.

Absolute Divorce

This type of divorce is granted when there is evidence of marital misconduct or when the parties have been living apart for a year or more. An absolute divorce terminates the marriage and allows the parties to remarry.

If the couple has minor children, the court will also make child custody and support orders as part of the absolute divorce.

At-Fault and No-Fault Divorce

At-fault divorce is when one spouse blames the other for the breakdown of the marriage. The person must prove that the other spouse is at fault for the breakdown of the marriage. The grounds for at-fault divorce in North Carolina are adultery, abandonment, or domestic violence.

No-fault divorce is when neither spouse blames the other for the breakdown of the marriage. The person must only prove that the marriage is irretrievably broken. The grounds for no-fault divorce in North Carolina are separation for one year or incurable insanity.

Questions to Ask Yourself Before Getting Any of These Types of Divorce

In North Carolina, there are different types of divorce, including no-fault, contested, and uncontested. It’s important to understand the types of divorce proceedings and requirements.

Before getting any type of divorce, it is important to ask yourself some questions. Are you and your spouse able to communicate and work together? Do you have children, how will they be affected?

What are your financial needs and how will they be met? What are your legal rights and what are your spouse’s?

Answering these questions can help you decide which of these types of divorce is right for you. If unsure, an experienced divorce lawyer will be able to help you out.

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