Many people seeking a divorce in North Carolina want to finalize the process without a lengthy delay. While the state has a standard waiting period, certain legal pathways can provide a faster resolution. Understanding these options is the first step for those wishing to end a marriage without waiting a full year.
The Standard One Year Separation Requirement in NC
In North Carolina, the law requires a specific waiting period for a final, or “absolute,” divorce. Spouses must live continuously separate and apart for one year and a day. This means residing in different homes, and at least one spouse must have the intention for the separation to be permanent. A written separation agreement is not legally required to start this one-year clock.
This separation requirement applies regardless of whether both parties agree to the divorce. Furthermore, to file for divorce in North Carolina, at least one spouse must have resided in the state for a minimum of six months before initiating the case.1North Carolina General Assembly. G.S. 50-6 Only after these conditions are met can a person file the complaint to formally end the marriage.
Understanding Divorce from Bed and Board
An alternative legal action that does not require a year of separation is a “Divorce from Bed and Board.” This is not a true divorce that ends the marriage but a court-ordered legal separation. Parties who have a judgment for Divorce from Bed and Board are not free to remarry.
This measure is often pursued to address immediate issues that arise during a separation, often when one spouse is at fault. For instance, a spouse can use this action to have the other removed from the marital home.
It also allows a party to formally request financial support, such as post-separation support and child support, and to establish child custody arrangements. It resolves urgent matters while the parties wait the full year to file for an absolute divorce.
Qualifying for a Divorce from Bed and Board
To obtain a Divorce from Bed and Board, the filing spouse, known as the “injured party,” must prove the other spouse committed a specific act of marital misconduct. North Carolina law outlines several fault-based grounds for this action:
- Adultery, which is voluntary sexual intercourse with someone other than a spouse
- Abandonment, which requires showing one spouse intentionally ended cohabitation without justification
- Maliciously turning the other spouse out of doors, effectively forcing them to leave the home
- Cruel or barbarous treatment that endangers the life of the filing spouse
- Offering indignities that make their life burdensome and intolerable
- Excessive use of alcohol or drugs that renders the other spouse’s life intolerable
The party seeking this relief must be free from similar fault.
Exploring Annulment as an Alternative
Annulment presents another way to end a marriage in North Carolina without the one-year separation period. Unlike a divorce, which terminates a valid marriage, an annulment is a legal declaration that the marriage was never valid from its inception. This means the court treats the marriage as if it never happened.
There are two categories of marriages that can be annulled: void and voidable. A void marriage is one that was never legal, such as a bigamous marriage. A voidable marriage is considered valid until a court declares it void based on certain grounds, which requires a court action to be nullified.
Grounds for Annulment in North Carolina
The legal reasons for an annulment in North Carolina are specific. A marriage is considered void if it is bigamous or if the parties are too closely related, such as being nearer in kinship than first cousins. Bigamy is also a Class I felony in the state.3Justia Law. North Carolina General Statutes § 14-183 (2023) – Bigamy.
Other grounds make a marriage “voidable,” meaning it can be annulled by a court. These include:
- A marriage where either party was under the age of 16 at the time of the ceremony, with limited exceptions
- A marriage where one party was physically impotent at the time of marriage
- A party lacked the mental capacity to consent to the marriage due to a want of will or understanding
- A marriage entered into based on a false representation by the wife that she was pregnant