North Carolina operates under a fault-based divorce system. This means that to obtain a divorce, one party must prove that the other party committed marital misconduct. Acceptable grounds for divorce include adultery, abandonment, and cruel or inhuman treatment. In contrast, a system where no proof of fault is required allows for divorce based solely on irreconcilable differences.
The requirement to prove fault can significantly impact the divorce process. It can lead to increased legal costs due to the need for evidence gathering and potential court battles. The adversarial nature of fault-based divorces can also exacerbate emotional distress for all parties involved. Historically, the fault requirement was intended to discourage divorce, reflecting societal values at the time.