Divorce

The Importance of No-fault Divorce and What it Could Mean for You

By February 8, 2019 May 31st, 2019 No Comments

If you and your spouse are thinking about dissolving your marriage, you have the option of filing a fault or no-fault divorce. While there are some advantages to each, unless circumstances demand it, filing for a no-fault divorce is often easier, faster, and even more affordable. To learn more about no-fault divorce in North Carolina, reach out to a Wilmington divorce attorney from the Speaks Law Firm and read more below about the importance of no-fault divorce and what it could mean for you.

What Is a No-fault Divorce?

A no-fault divorce is precisely what it sounds like – filing for divorce without having to prove the fault of either party. This means that rather than having to establish that your spouse is cruel, adulterous, abusive, etc., you can file divorce simply on your belief that the marriage isn’t salvageable.

What Are the Requirements for a No-fault Divorce?

There are only two requirements for filing for a no-fault divorce in Wilmington.

  1. Either you or your spouse must be a resident of North Carolina, and that residency must
    have been maintained for at least six months prior to filing for divorce.
  2. You and your spouse must have lived separate and apart without cohabitation for a time period of at least one year prior to filing for a divorce. As found in North Carolina Code Section 50-6, if there is a “resumption of marital relations,” defined as the voluntary renewal of the husband and wife relationship, during the one-year time period, then the request for no-fault divorce will not be granted. However, isolated incidents of sexual relations between the parties will not toll the required statutory period for divorce.

What Are the Benefits of a No-fault Divorce?

Filing for a no-fault divorce has numerous benefits over filing for a fault-based divorce. These include:

  1. You don’t have to prove fault. The first and most obvious benefit is that in filing for a no-fault divorce, you won’t need to take the time or resources that must go into collecting evidence to prove the error of your spouse.
  2. Living separate and apart can be a trial run. Another benefit of a no-fault divorce is that this divorce type requires that you and your spouse live separate and apart for one year before the divorce can be finalized. This separation period can help you to understand whether or not divorce is something you really want for yourself; if it is, the one-year period also gives you time to get on your feet and establish a new routine prior to the divorce settlement.
  3. Filing for a no-fault divorce may be better for your children. If you have any children, the relationship between your child and their other parent may be harmed if you are alleging that the other parent has done something immoral, and if this allegation creates a hostile environment between you and the other parent. For your children’s sake, separating on no-fault grounds may help to preserve the peace and sense of respect between you and your spouse, easing the psychological burden placed on your kids.

Learn More About No-Fault Divorce

To learn more about filing for a no-fault divorce or to start the process today, please call our skilled Wilmington family law attorneys at the Speaks Law Firm today for a consultation. We have the experience and reputation you’re looking for.