When you realize and accept that your marriage is over, you may be ready to move on with your life through divorce. Perhaps you tell your spouse you want to divorce and, although the conversation might be difficult, you expect that they will accept your decision and you can begin the divorce process.
But what if the conversation goes differently? Sometimes a spouse refuses to agree to divorce, believing there is a chance at saving the marriage. Can you still get divorced?
You can still obtain a divorce in North Carolina if your spouse refuses to agree or cooperate with the process. North Carolina is a no-fault divorce state.
What is no-fault divorce?
No-fault divorce that you do not need to prove any specific grounds for a divorce. Prior to no-fault divorces becoming the standard in most states, the only option for a spouse wanting a divorce was a fault divorce, meaning they must prove some type of fault on the part of the other spouse, such as adultery or cruelty, to receive a divorce.
No-fault divorce eliminates this requirement. In a no-fault divorce, one spouse must declare that their marriage is irretrievably broken with no prospect of reconciliation. The other spouse’s continued belief in the potential for reconciliation does not impact the ability of the other spouse to receive a divorce.
The one-year separation requirement
North Carolina has a one-year waiting period for divorces. You cannot finalize your divorce until you and your spouse have been separated for one year, even in a no-fault divorce.
This can become tricky if your spouse refuses to agree to divorce and leave the marital residence. However, it is possible to separate from your spouse while living together.
Evidence that you are living separately in the same household can qualify you as separated for purposes of the one-year separation period. Photos of a separate bedroom or evidence that you do not eat meals, socialize or conduct your daily lives together can help you prove separation although you are under the same roof.
You can complete all steps of the divorce process without participation from your spouse and receive a divorce. This includes filing a petition and signing the final paperwork. You must properly serve your spouse with a copy of the divorce petition, but after that, the ultimate outcome is up to you.