In the eyes of the law, marriage is a contract wherein two individuals agree to enter into a relationship that is regulated by the State. The contract ceases to exist once both parties are granted divorce by the courts.
In terms of divorce, each state in the U.S. has their own set of rules. The state of North Carolina is considered a “no fault” state. This means that in some proceedings there is no need to prove that one spouse has engaged in marital misconduct in order to get a divorce.
Separation for One Year
North Carolina’s no-fault divorce may be granted only when a married couple has been living in separate residences for at least one year. The length of separation must also be uninterrupted, which means you must have not physically lived together for that period of time.
The law also requires that at least one of the partners to have expressed his or her intention to remain separated. Additionally, at least one of them must have been living in the state for the last six months before the filing of the divorce papers.
You must also communicate to your spouse that the reason for the separation is because you don’t want to live together as a married couple anymore. If, during the one-year separation period, you and your spouse engage in isolated incidents of sexual relations, you may well interrupt that one year period. If you resume normal marital activities and begin to live as a couple, that this will definitely bring the one-year period to an end and you’ll have to start over.
To learn more about divorce proceedings, a Raleigh divorce attorney can help.