Do You Need to Prove Fault in a North Carolina Divorce Filing?

Some of the most pervasive and well-known myths about divorce were at one time factual but no longer accurately represent the law in North Carolina. The idea that you have to prove fault or have grounds for a divorce is one of those outdated beliefs. 

North Carolina allows for the filing of a no-fault divorce where at least one of the two spouses will attest to the court that there has been a breakdown of the marital union to the point where reconciliation seems impossible. What does the existence of no-fault divorce mean for you?

A no-fault divorce is faster and cheaper than a fault-based divorce

If you attempt to submit evidence to the court that your spouse cheated on you or was abusive, the chances are good that your spouse will attempt to refute those claims, thus resulting in a very protracted divorce experience. Even when you have what you believe to be conclusive evidence, proving fault in the divorce can drastically increase the length of time it takes to end at your marriage. People in all circumstances, including those who clearly have grounds where their ex is at fault, decide to file for a no-fault divorce because it is expedient and cost-effective.

Why do people sometimes pursue a fault-based divorce?

Despite the availability of no-fault divorce, some people don’t want to initiate divorce proceedings and have the fault placed on them socially. There may be religious reasons or even a clause in an estate plan somewhere that might make filing for divorce without grounds a bad decision. 

If you do intend to file for divorce based on cause, you need to prepare yourself for the likelihood that your divorce will be more expensive and time-consuming. If you’re confused about your divorce options, an attorney can help.

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