Divorce in North Carolina: What If My Spouse Won't Leave?

Under North Carolina General Statute 50-6, parties seeking a divorce must "have lived separate and apart for one year." To the surprise of many, there is no exception, and annulment, which is granted in very limited circumstances, is inapplicable in the vast majority of cases.

So, if living "separate and apart for one year" is a requirement for divorce in North Carolina, what does it mean to live separately and apart? The statute is not especially helpful on this question, but courts generally interpret this clause to mean that the parties are living at different addresses.

This, of course, raises another question: what if one party is unable to leave the marital home, but the other party refuses to leave? A divorce judgment will not be granted until the legal requirement of separation for one year is met. However, there are possible legal remedies in such instances. A licensed North Carolina attorney can evaluate your situation and determine how to proceed if there are obstacles to separation.