How Can You Prove Fault in an Absolute Divorce Case?
Divorce is rarely just a legal process—it’s often an emotional journey that can bring up long-standing challenges, difficult decisions, and unresolved feelings. When a marriage ends due to serious misconduct, the process of proving fault can feel especially overwhelming, as it may require revisiting painful chapters and confronting sensitive issues from the past.
Understanding how to manage this process and what evidence is needed is crucial to protecting your rights and moving forward with clarity. In North Carolina, fault-based divorces (also known as absolute divorces) require specific proof of misconduct, such as adultery, abandonment, or cruel and inhuman treatment.
Gathering this evidence can be complicated, and knowing what qualifies under the law is essential to presenting a strong case. Without proper guidance, you may struggle to identify relevant documentation, witness testimony, or other forms of proof that the court will consider.
At Ward Family Law Group, we assist clients throughout Cary and Wake Forest, North Carolina, as well as Wake County, Durham County, Chatham County, Orange County, Johnston County, and Franklin County. Our firm works closely with individuals who are weighing fault-based claims, helping them understand the legal requirements, evaluate the evidence, and more. Reach out today to discuss your situation and begin exploring your options with a trusted legal advisor.
What Fault Means in a North Carolina Absolute Divorce
North Carolina allows for absolute divorce on both no-fault and fault-based grounds. To file for divorce, you and your spouse will need to first be separated for at least a year and a day. If you're filing for fault-based divorce, you will also need to demonstrate that specific conduct led to the breakdown of the marriage.
Fault matters because it can influence how the court views spousal support and, in some situations, property distribution. To prove fault, you will need to present evidence that one spouse’s behavior violated their marital duties in a way recognized by law. An absolute divorce attorney can help determine whether fault is likely to play a meaningful part in your case.
Not every unhappy marriage qualifies for an absolute divorce. The courts will require the offending conduct to be supported by more than speculation. Therefore, knowing what qualifies as fault can help you avoid pursuing a claim that won’t hold up.
Common Fault Grounds Recognized by North Carolina Courts
North Carolina courts recognize specific grounds for proving fault in an absolute divorce. These grounds go beyond general unhappiness or disagreements. Instead, they focus on specific actions or behaviors that demonstrate misconduct or a breakdown in the marriage.
The type of alleged misconduct can influence the documentation required, the credibility of witnesses, and the overall strategy for presenting a case. The courts generally look for credible proof, which may include testimony from third parties, documentation of behavior patterns, or other corroborating evidence that supports the claim. Some of the common grounds of fault that you can use to file for an absolute divorce include:
Adultery: Sexual relations outside the marriage can support a fault claim. Direct proof is rare, so North Carolina courts often rely on circumstantial evidence that reasonably shows opportunity and inclination.
Cruel or barbarous treatment: This includes behavior that endangers a spouse’s physical or emotional well-being and makes living together unsafe or intolerable.
Indignities rendering life intolerable: A pattern of humiliating, demeaning, or degrading conduct that makes continued cohabitation unreasonable.
Abandonment: When one spouse leaves the marital home without justification and intends not to return.
Substance abuse: Habitual use of drugs or alcohol that negatively affects the marriage and household.
Each of these grounds carries a different burden of proof. An absolute divorce attorney can explain which claims are most realistic based on your circumstances and available evidence.
Evidence That May Support a Fault-Based Claim
Fault must be proven with evidence that’s reliable and legally acceptable. North Carolina courts don’t rely solely on personal accounts, even when those accounts are sincere. Instead, evidence should show a pattern or incident that meets statutory requirements.
Before presenting a claim, it’s important to gather information lawfully and ethically. Illegally obtained material may be excluded and could cause further problems. The types of evidence you should consider including when filing for an absolute divorce include:
Witness testimony: Friends, family members, neighbors, or coworkers who observed relevant behavior may support your claims.
Written communications: Text messages, emails, or letters that show admissions, threats, or inappropriate conduct.
Financial records: Bank statements or receipts may support claims of adultery or substance misuse.
Medical or police records: Documentation related to injuries, reports, or treatment can help establish cruelty or endangerment.
Photographs or videos: Visual proof may support claims when obtained legally.
The evidence you submit should tell a clear story rather than rely on isolated incidents. At Ward Family Law Group, we help our clients organize and present proof in a way that aligns with court expectations. Our absolute divorce attorneys can also help identify gaps in your divorce application before you file.
How Courts Evaluate Fault Allegations
In North Carolina, judges review fault claims with care by focusing on credibility, consistency, and corroboration. A single spouse’s statement usually isn’t enough on its own. The courts, instead, will look to other sources for confirmation to support allegations of misconduct.
This includes examining whether the testimony aligns with documented evidence, whether witnesses appear credible and unbiased, whether the alleged behavior occurred during the marriage, and whether that conduct directly affected the marital relationship.
Some allegations carry more weight than others, especially when spousal support is at issue. An absolute divorce attorney can help you prepare for how a court may view your claim and identify the potential challenges ahead. It’s also important to remember that fault allegations are often disputed, so consider working with an experienced attorney early on.
Take the Next Step Toward Resolution
Deciding whether to pursue a fault-based absolute divorce is a deeply personal and emotional choice. It may require revisiting difficult or painful moments from your marriage and determining how much of your story you’re prepared to share in a legal setting.
Understanding your rights and the evidence required to prove fault can help you make informed decisions that protect your interests and provide peace of mind throughout the process.
At Ward Family Law Group, we assist clients in Cary and Wake Forest, North Carolina, as well as throughout Wake County, Durham County, Chatham County, Orange County, Johnston County, and Franklin County.
Working with an experienced absolute divorce attorney can help you better understand the strengths and challenges of your case and the potential outcomes. By approaching your case strategically and with professional guidance, you can reduce uncertainty, manage stress, and make decisions that align with your long-term goals.
If you’re considering a fault-based divorce, or even if you simply want to understand your legal options in an absolute divorce, reach out to Ward Family Law Group today. Our firm is here to provide practical guidance, careful review, and the support you need to move forward with confidence during this challenging time.
