Divorce in North Carolina
In North Carolina, there are two kinds of divorce. The first is called “divorce from bed and board” and the second “absolute divorce.” Divorce from bed and board is a statutory procedure and in order to be entitled to a divorce from bed and board the party seeking this divorce must prove one of the following grounds against his or her spouse: (1) abandonment; (2) a malicious turning out of doors; (3) cruel and barbarous treatment endangering the life of the other; (4) indignities rendering the condition of the other spouse intolerable and burdensome; (5) excessive use of alcohol or drugs rendering the condition of the other spouse intolerable and life burdensome; and (6) adultery. A divorce from bed and board does not have the same legal effect as an absolute divorce. For instance, a spouse may not remarry if awarded a divorce from bed and board. However, a spouse from whom or by whom a divorce from bed and board has been obtained loses the following rights:
- All rights of intestate succession in the estate of the other spouse;
- All right to claim or succeed to a homestead in the real property of the other spouse;
- All right to petition for an elective share of the estate of the other spouse and take either the elective intestate share provided or the life interest in lieu thereof;
- All right to any year’s allowance in the personal property of the other spouse;
- All right to administer the estate of the other spouse; and
- Any rights or interests in the property of the other spouse which by a settlement before or after marriage were settled upon the offending spouse solely in consideration of the marriage.
An absolute divorce in North Carolina may be granted when a husband and wife have lived separate and apart for one year and one party in the suit for divorce has resided in North Carolina for a minimum period of six months. Isolated acts of sexual relations between the parties during the one year period of separation do not toll the one year period of separation required for the divorce. After entry of a decree of absolute divorce, all rights of either party arising out of the marriage will cease except for certain domestic claims pending at the time that the divorce decree is granted. It is critical that any claims for postseparation support, alimony and equitable distribution of property be filed prior to entry of a absolute divorce decree.
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