How does martial fault affect divorce in North Carolina?

Those who wish to end their marriage in North Carolina have the option of obtaining either a fault or a no fault divorce. Getting a fault divorce may allow for the divorce to occur more quickly than a no fault divorce, where parties must live apart for a period of one year before a divorce can be granted. When couples get a fault divorce, this factor can also be considered when making a determination regarding spousal support or alimony. 

Grounds for Fault

If you hope to get a fault divorce in North Carolina, you must be able to prove one of six specific grounds for a fault divorce. These grounds include:

• The at-fault spouse abandoning his family
• The at-fault spouse maliciously kicking the other spouse out or depriving him of a home or shelter
• The at-fault spouse treating the other spouse cruelly or abusively in a way that endangers him
• The at-fault spouse makes the other spouse's life intolerable and burdensome
• The at-fault spouse develops an addiction to alcohol or drugs that hinders the life of the other spouse
• The at-fault spouse commits adultery. 

If one of these grounds is alleged as the reason for the divorce, the spouse filing the papers must be able to prove those specific grounds. Either party- the husband or the wife- may be considered the at-fault party, depending on who committed the action that led to the end of the marriage. 

Fault and Alimony

Fault is one factor considered when determining if alimony or spousal support must be paid. Because modification of alimony in NC is difficult once alimony is decided, this can mean that the at-fault spouse will end up paying more alimony or paying alimony for a longer period of time based on his bad behavior that led to the end of the marriage. 

Getting Help

If you are involved in a divorce in North Carolina, determining fault is just one of many decisions you will need to make during the divorce process. It is a wise idea to have a lawyer on your side to help make sure you make the right decisions to protect your interests during divorce.