Filing for Divorce in North Carolina

• Living in or treated in an institution for mental disorders for at least three years.
• Found to be incurably insane by two physicians, one from the institution and one unaffiliated with the institution.
• Identified as incurably insane by a member of the institution in a sworn statement.
• Examined and found incurably insane by another physician licensed in the state both during that three-year period and after you file for divorce.  

If your spouse has not been in a mental institution for three years, then you must prove that your spouse was found insane more than three years before you filed for divorce, that he or she has not regained sanity at any point since then, and has been found insane by two doctors (one a psychiatrist) after you filed.  

If you can’t prove either of the above two situations, you may instead show that your spouse was examined by two or more medical doctors on the staff of one of the state’s accredited four-year medical schools at least three years before you filed and found to be incurably insane. You must show that your spouse has not regained sanity during that time according to the testimony of two physicians, one of whom has to be a psychiatrist on staff at of one of the state’s accredited four-year medical schools, and one a physician practicing in the community where your spouse lives.  

If your incurably insane spouse doesn’t have the means to pay for his or her care after your divorce, you will be required to pay for care for the rest of your spouse’s life.  

4. How does North Carolina determine the division of property?    
You and your spouse are encouraged to come up with a settlement on your own and present it to the court. If you can’t agree, the court will divide your property for you. The court will look at your marital property, which in North Carolina is any property that you and your spouse acquired while you were married, including vested and non-vested pension and retirement benefits.  

Your separate property remains your own. This includes:

• Property that you acquired before you were married.
• Property that you acquired by gift or inheritance.
• Property given to you as a gift by your spouse if it was clearly intended as separate property at the time.
• Property that you received in exchange for your separate property.
• Any increase in value of or income from your separate property.
• Professional licenses or business licenses.