Grounds for Divorce

Grounds for an absolute divorce, one which severs the marital relationship between husband and wife, must exist on the day the divorce is filed.

In North Carolina, there is only one ground for an absolute divorce. That is that the parties have been separated for one year, without interruption. One need not prove any fault basis for the divorce.

In Virginia, there are fault grounds and a no-fault ground. A no-fault divorce can be granted after six months separation if the parties have no minor children and have signed a separation agreement. Otherwise, the parties must be separated an entire year.

Virginia also allows for a spouse to file for divorce based on the alleged fault of his or her spouse. The grounds include sexual infidelity (adultery, sodomy or buggery), conviction of a felony (which carries more than a year's sentence), cruelty (mental or physical), desertion, abandonment, or the creation of a reasonable apprehension of bodily hurt.

North Carolina's Alienation of Affection Case Law

North Carolina still has a cause of action for Alienation of Affections. A person who causes the breakdown of a marriage may be sued in tort by the injured spouse. While typically these lawsuits are filed against the former spouse's paramour, they are not limited to causes solely based on adultery as a cause of the breakdown of the marriage. In order to win such an action, the Plaintiff must show that love and affection existed between the spouses and that the marital relationship was broken by the actions of the Defendant.

Several cases have brought verdicts of over a million dollars. A recent North Carolina case had a $9 million dollar verdict.

Virginia law does not provide for any such remedy.

What in the world is a 20/20/20 Spouse?

I grew up in a military family, live in a military community, and frequently represent service members and military spouses. Length of military service makes a big impact for military spouses who want to maintain some benefits after a divorce. For a military spouse who was married to the service member for at least twenty years and where the service member served at least twenty years active duty, the spouse will maintain military privileges if there was a twenty year overlap between the marriage and the military service.

The spouse cannot remarry, or the spouse will then lose the military benefits. The benefits to the 20/20/20 spouse are as generous as if the spouse were still married to a retired service member. One of the most important benefits for a 20/20/20 spouse is the retention of military health coverage. Other benefits include PX privileges, Commissary privileges, and use of military bases and facilities. The 20/20/20 spouse will maintain a military ID card in order to access these benefits. The value of these benefits is significant.