Divorce in North Carolina

Divorce in North Carolina

There are two types of divorce in North Carolina.  One is a Divorce from Bed and Board, which severs much of the legal responsibilities between the parties, but does not completely sever the marital relationship.  Neither party is permitted to remarry until a complete divorce is adjudicated.  Grounds for a divorce from bed and board are set out in the General Statutes at Section 50-7.  A judgment for a complete divorce in North Carolina is based on one years’ separation of the parties.

§ 50-7.  Grounds for divorce from bed and board.

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:

(1)        Abandons his or her family.

(2)        Maliciously turns the other out of doors.

(3)        By cruel or barbarous treatment endangers the life of the other. In addition, the court may grant the victim of such treatment the remedies available under G.S. 50B-1, et seq.

(4)        Offers such indignities to the person of the other as to render his or her condition intolerable and life burdensome.

(5)        Becomes an excessive user of alcohol or drugs so as to render the condition of the other spouse intolerable and the life of that spouse burdensome.

(6)        Commits adultery. (1871-2, c. 193, s. 36; Code, s. 1286; Rev., s. 1562; C.S., s. 1660; 1967, c. 1152, s. 7; 1971, c. 1185, s. 22; 1979, c. 561, s. 5; 1985, c. 574, ss. 1, 2.)