Regarding filing reason


#1

If STBX files for adultry and that is not the reason we are getting a divorce, do I have any recourse as to the wording of the complaint? We do have signed SA…

Thanks Erin for all your direction and insight.


#2

There is no action for fault based divorce in NC, only a divorce based on one year’s separation.


#3

Erin,

I have been thinking about your response all day. Am I correct in understanding that there is no reason available for divorce filers in NC? Just a clean cut “we’re getting a divorce”… I know other states allow marital misconduct, irreconcilable differences… And some states even require some reason.


#4

NC only provides for a no fault divorce based on one years separation. (there is also a cause of action for divorce based on incurable insanity but this is rarely used and takes about 3 years.)

Martial misconduct is still however relevant pertaining to issues of support and property division, just not the actual divorce itself.