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Explaining Marital Torts in NC

In Separation & Divorce by Sarah Hink

North Carolina is an absolute divorce state. This means that after a year of living separate and apart, a spouse is entitled to petition a court for a no-fault divorce. In other words, the court does not need to find “irreconcilable differences” or “adultery” or any other finding that you’ve heard of or read in tabloids whenever celebrities divorce in a different state. Instead, a North Carolina court just needs to find that it has jurisdiction and that a year has passed since the date of separation. This does not mean, however, that marital misconduct plays no role when couples separate and divorce. In fact, there are two areas that misconduct may play a role. The first is alimony, where marital misconduct is a factor that the court can consider …