North Carolina Divorce Laws

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• § 50-6. Divorce after separation of one year on application of either party.
  Marriages may be dissolved and the parties thereto divorced from the bonds of matrimony on the application of either party, if and when the husband and wife have lived separate and apart for one year, and the plaintiff or defendant in the suit for divorce has resided in the State for a period of six months. A divorce under this section shall not be barred to either party by any defense or plea based upon any provision of G.S. 50-7, a plea of res judicata, or a plea of recrimination. Notwithstanding the provisions of G.S. 50-11, or of the common law, a divorce under this section shall not affect the rights of a dependent spouse with respect to alimony which have been asserted in the action or any other pending action.
  Whether there has been a resumption of marital relations during the period of separation shall be determined pursuant to G.S. 52-10.2. Isolated incidents of sexual intercourse between the parties shall not toll the statutory period required for divorce predicated on separation of one year.
  
  
• § 50-7. Grounds for divorce from bed and board.
  The court may grant divorces from bed and board on application of the party injured, made as by law provided, in the following cases if either party:
  1. Abandons his or her family.
  2. Maliciously turns the other out of doors.
  3. By cruel or barbarous treatment endangers the life of the other. In addition, the court may grant the victim of such treatment the remedies available under G.S. 50B-1, et seq.
  4. Offers such indignities to the person of the other as to render his or her condition intolerable and life burdensome.
  5. Becomes an excessive user of alcohol or drugs so as to render the condition of the other spouse intolerable and the life of that spouse burdensome.
  6. Commits adultery.
  
  
  Last Updated: 10-10-08