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Do you need grounds for a North Carolina divorce filing?

On Behalf of | Jan 6, 2022 | Divorce |

Some people hire private investigators to look into their spouse’s behavior before filing for a divorce. They want proof of adultery or financial misconduct to present to the court. 

If you don’t suspect cheating or other significant misconduct, you may feel like you don’t have a real reason to file for divorce and may worry that the courts won’t take you seriously. 

Do you need some kind of evidence or to prove anything to divorce in North Carolina? 

No-fault divorces required no proof

Historically, there was a time when those wanting a divorce needed to establish grounds. Abandonment, abuse and adultery were once among the top reasons for the dissolution of marriage. As divorce has become more common, obtaining one has become less difficult. 

You no longer need to prove that your spouse has cheated on you or mistreated you. In fact, North Carolina does not allow for fault-based divorces. No-fault filings with a year of separation are the only legal option for dissolution. 

How do you file a no-fault divorce?

You only need to claim to the court that your relationship has broken down past the point of recovery. Either spouse can make such a claim without proving anything and file for a no-fault divorce. 

In specific scenarios, such as attempting to enforce penalty clauses from a prenuptial agreement, gathering evidence may still benefit your long-term strategy in the divorce. However, if your only goal is to dissolve your marital relationship, you won’t need to prove anything in court. 

Learning the basic rules that govern divorce in North Carolina will make it easier for you to manage the end of your marriage.