You might be granted a divorce in NC if your spouse is ‘incurably insane.’ Here’s how

Evan Moore
·3 min read
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A Durham woman recently expressed disdain that she could only be granted a divorce in North Carolina after being separated for at least a year under state law.

“For those of us who aren’t familiar with what has become something like a hazing ritual, imagine this: You’ve told your spouse you want to end your marriage, but you can’t go to court and file for divorce just yet,” Rebecca Feinglos wrote in an Charlotte Observer opinion piece. “You must stay legally married, living in separate households, for 365 days. If you spend a night together? That clock starts all over again. For some couples, that’s just annoying and inconvenient. But for others, that wait could be mentally, financially, or physically threatening.”

Feinglos isn’t alone.

Of the roughly 8.7 million people in North Carolina over the age of 15, about 10.7% are divorced, according to the most recent U.S. Census data.

While the divorce process can be grueling, there are other ways to end a marriage in North Carolina without waiting a year.

Can you file for divorce in NC without being separated?

In most cases, you cannot file for divorce from your spouse until you have been separated for a year, according to state law.

However, you can file if you have been living apart from your spouse for three years if a judge determines the person is “incurably insane,” state law says.

What about an annulment?

There are a few instances where couples may be eligible for annulments, or court rulings that determine a marriage was never valid.

According to WomensLaw.org, an online legal resource for women, marriages in North Carolina can be annulled when:

  • Spouses are related more closely than first cousins, such as marriage between siblings

  • Spouses are “double first cousins,” meaning two brothers married two sisters, and they each had children

  • A spouse was younger than 16 at the time of the marriage

  • One of the spouses was legally married at the time of marriage

  • One of the spouses was impotent at the time of marriage

  • One of the spouses was incompetent or incapable of consenting to the marriage

Who is eligible for alimony?

According to state law, dependent spouses are entitled to alimony, or support paid by one spouse to the other starting after a divorce.

A dependent spouse is “someone who is financially dependent on and in need of support from their spouse,” according to the state.

In divorce cases, judges determine how much alimony dependent spouses should receive. Judges consider many factors when determining the amount, such as age, education, health of both parties and length of marriage.

There are no laws on how long alimony lasts, but it ends if the dependent spouse remarries, moves in with a new romantic partner, or if one of the spouses dies.

How to file for divorce in NC

To file for divorce, you must submit the following documents to the clerk of court in your county:

For more information, you can view the North Carolina Divorce Packet Help Topic at nccourts.gov/divorce-packet.