Divorce Citing Abuse


#1

I have a question. Do you need to be separated for a year, even if you’re citing abuse and cruelty as reasons for your divorce? What about adultery? Thank you so much.


#2

No, you must wait the year to officially file for divorce. NC is a no-fault divorce state, the judge will not inquire, and will not hear any allegations of fault. So long as the parties have been separated for one year and one day the divorce will be granted so long as the Complaint was filed correctly. Fault is a factor in alimony however, but you must first qualify as a dependent spouse for this to apply.