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North Carolina Grounds for Divorce

The Complaint for Divorce is the initial document filed with the North Carolina court. It is in this document that the filing spouse will request the court to terminate the marriage under certain specified grounds.

The court may grant divorces from bed and board on application of the party injured, made as by law provided, in the following cases if either party:

No-Fault Based Grounds:
(1) Living separate and apart for one year.

Fault Based Grounds:
A spouse must commit one of the following acts: (1)  Abandonment. (2)       Maliciously turns the other out of doors. (3) By cruel or barbarous treatment endangers the life of the other. (4)       Offers such indignities to the person of the other as to render his or her condition intolerable and life burdensome. (5)  Alcohol and drug abuse. (6) Adultery. (North Carolina Statutes - Chapter 50 - Sections: 50-5.1 and 50-6)

Every divorce case that is filed in the state of North Carolina must declare the grounds in which the divorce is to be granted. The grounds for divorce must be substantiated with evidence or testimony otherwise the court may dismiss the case. When you are petitioning the court for a divorce, or agreeing to a divorce, make sure that you completely understand the grounds and any potential legal repercussions. If you would like to learn more about the North Carolina grounds, visit the North Carolina state statutes located at: http://www.ncga.state.nc.us/.