Types of Divorce in North Carolina

The majority of divorces in North Carolina are absolute divorces – these are no-fault divorces that are either based on grounds of incurable insanity or living separately for at least a year. However, there are other forms of divorce that are accepted in North Caroline. In order to successfully end the marriage and weigh in on the best option, the website of Marshal & Taylor PLLC says that it may be a good idea to consult with an experienced divorce or family law attorney who can review the case and determine how to proceed effectively.

As stated earlier, absolute divorce is the type that would eventually terminate the marriage and make both spouses legally eligible to re-marry again. Annulments in North Carolina would require proof that the marriage was void (non-existent) or “voidable” on evidence presented in court. The annulment of a marriage means that the court has deemed the marriage invalid and that it never really occurred. On the other hand, divorce through separation calls for specific rules that both spouses should follow in order to proceed with the dissolution of the marriage. Both spouses should live in separate residences for at least one year and have not made any sexual contact within that time, and with at least one spouses intending to make the separation permanent.

The bed and board divorce in North Carolina is defined as still being legally married to each other, but both spouses has been court-ordered to live separately due to certain reasons or circumstances. Although bed and board divorces are also rarely given, they are granted on circumstances such as abandonment, substance abuse, adultery, domestic violence or cruelty, and many others. What makes bed and board divorce different is that these circumstances should not necessarily be existent for at least six months before the filing of the action; when the court has determined that a spouse has committed one of more of these offences, then that spouse will be ordered by the court to leave the marital home. This would also automatically make them lose their rights to any inheritance that is commonly exist due to the marriage.

It can be confusing and oftentimes difficult to present a bed and board divorce because the injured spouse should present evidence since this is a fault-based legal action against the other spouse. Consulting with divorce lawyers would be the best way to go through the whole process properly.

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