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A One-Sided Divorce: What Happens When One Party Wants to Stay Together?

A One-Sided Divorce: What Happens When One Party Wants to Stay Together?

Deciding to initiate a divorce is not a step people take lightly and sometimes one spouse is not on the same page about dissolving the marriage. If your spouse is fighting the idea of divorce, what are your options?

North Carolina is an “absolute divorce” state, meaning that the courts may ignore the resistant spouse’s unwillingness and grant the divorce. In this state, the only main requirement to obtain a divorce is that the parties were separated for over a year. If you can prove this separation period, it becomes more likely that the court will grant the divorce even if your spouse protests.

If even initiating a legal separation proves difficult, another option is available. In North Carolina, the injured spouse can seek what is known as “divorce from bed and board.” To qualify for this court-ordered separation, you must demonstrate that your spouse is at fault for the degradation of the marriage. There are generally six types of marital faults recognized in this state:

  1. Abandonment of the family;
  2. Treating the injured spouse in such a cruel way that endangers his/her life;
  3. Excessive drug or alcohol abuse;
  4. Adultery; and
  5. Malicious turning out of doors.

If a divorce from bed and board is granted, the court can also issue a restraining order and make rulings regarding child support and custody.

To find out what path to obtaining a divorce, contact our office today to discuss your options with one of our qualified family law attorneys. We’re open and ready to schedule a consultation with you!

Charlotte Family & Divorce Lawyers and Immigration Attorneys

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