Either one spouse or both spouses must be North Carolina residents for at least 6 months before filing for divorce.
When filing for a fault divorce in North Carolina, the filing spouse must prove that the unacceptable activity is one of the legal grounds for divorce and that the activity has been occurring for at least 6 months before filing for divorce.
After a spouse files for divorce, there is a 6 month waiting period for the paperwork to go through the filing process in the judicial system.
If the filing spouse resides in North Carolina and the defendant lives in another state, the defendant may request a removal of action, which stops the North Carolina divorce process, and ask for a change venue.
The two reasons for a fault divorce in North Carolina are: confinement for incurable insanity for three years, and incurable mental illness based on examinations for three years by two different physicians.