Obtaining a Fault adultry divorce in NC

Hi Lisa,

Since I’m not licensed in Virginia, I cannot give you and legal advice pertaining to Virginia law. However, in North Carolina you can only divorce based on 1 year separation or incurable insanity. Adultery is not a basis for divorce in North Carolina, and is only important in an alimony claim. At least 1 party must live in North Carolina for at least 6 months prior to filing an action for divorce in North Carolina. Even if your mother files in North Carolina, that does not necessarily mean that her assets in another state will be protected.

I hope that information helps your mother.

Shonnese D. Stanback
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
email: sstanback@rosen.com

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


My mom lives in Virginia, my step fathers has been living in NC for over 4 years. She wants to file for a Fault adultry divorce as a Va atty said this would be the best way to protect her assets.

  1. Does one of the parties need to be a NC resident to file for fault adultrey in NC?

  2. What are the guidelines for residency?

  3. Is there such a thing like in VA of a Fault adultrey divorce in NC

  4. If filed in NC will my moms assets be protected?

  5. What type of proof does she need for adultry?

thank you very much

Lisa Giannini
North Carolina