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The United Kingdom is moving towards changes in its law that would allow first-time divorcing couples to complete their separation in a so-called “no-fault” divorce.
Under current U.K. law, spouses must prove that their marriage is irredeemable and provide examples of “unreasonable behavior” or show evidence of long-term separation. In other words, divorcing spouses in the United Kingdom are generally required to show fault on the part of one or both spouses in order to obtain a divorce.
The move in the U.K. is spurred by long-held thoughts that the current system is too adversarial. According to Justice Secretary David Gauke, by requiring a showing of fault the current law requires parties to play an “unnecessary blame game” in order to split, reports CNN. This often means that additional conflict is created where they may not have been conflict at all. By removing the requirement to show fault, the hope is that divorce will become less confrontational in the United Kingdom.
Does North Carolina Have No-Fault Divorce Laws?
In North Carolina, spouses may obtain a no-fault divorce. This means that neither spouse is required to assign any fault in order to obtain a divorce in North Carolina.
In order to obtain a divorce in North Carolina, a party must show that:
- They have lived separate and apart from their spouse for one year
- At least one of the parties has lived in North Carolina for the previous six months
For more on what constitutes legal separation in North Carolina, we recommend that you check out our prior blog post on that topic.
Experienced Representation for Divorce Cases
At Miller Cushing Holladay, we can provide the professional legal acumen and dedicated support you need. Our divorce attorneys have over 30 years of combined experience.
If you need assistance with your divorce, please contact us at (704) 810-1400 or submit a request through our contact form to schedule a consultation.