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Rech Law, P.C. Rech Law, P.C.
Charlotte 704-659-0007 Monroe 704-228-4488 Cornelius 704-228-2790

The Difference Between No-Fault & Fault Divorce

When you file for divorce in North Carolina, one of the first decisions you need to make is whether to file for a no-fault or fault-based divorce. Understanding the difference between the two can help you find the best path forward and pursue an optimal outcome in your case.

At Rech Law, P.C., we'll give you the compassionate, experienced legal counsel you deserve throughout the divorce process. To schedule a consultation with our team, contact us online or via phone at (704) 659-0007.

What Is a No-Fault Divorce?

A no-fault divorce occurs when the parties filing for divorce only cite "irreconcilable differences" as the reason for the divorce. That means there isn't one key issue at the center of the divorce, but instead, the parties both (or solely) agree that ending the marriage is in the best interests of both parties.

What Is a Fault-Based Divorce?

In North Carolina, an individual can file for a "divorce from bed and board" on the grounds of marital misconduct. A divorce from bed and board serves the same purpose in North Carolina that fault-based divorces serve in most other states.

Some examples of actions that constitute a divorce from bed and board include:

  • A spouse committing "cruel or barbarous" treatment, such as domestic abuse or assaults;
  • A spouse making their partner's life intolerable;
  • A spouse abanding their family;
  • A spouse committing adultery;
  • A spouse forcing the other party to leave the marital residence/marriage.

A divorce from bed and board enables parties to receive a divorce more quickly than a no-fault divorce, on the premise that certain kinds of marital misconduct are worth ending a partnership more quickly.

Lastly, it's also possible to file for divorce in North Carolina if one spouse can prove their partner suffers from "incurable insanity," a process that involves consultations from medical professionals to confirm the insanity of the spouse in question.

At Rech Law, P.C., we'll work with you to help you file for divorce quickly and easily. To schedule a consultation with our team or learn more about our divorce services, contact us online or via phone at (704) 659-0007.