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