Divorce is a decision not taken likely. Requesting one on the grounds of an insane spouse is even more difficult. It takes an emotional toll.
North Carolina is a “no-fault” state. To get a no-fault divorce, spouses must live separately for at least 12 months. No one claims the fault of the breakdown of the marriage. After the year, either spouse can receive an “absolute divorce,” meaning they are legally divorced.
However, there is another basis for divorce known as “incurable insanity.” This is also a no-fault absolute divorce, although it comes with complications.
What is incurable insanity?
Despite what some people may think, incurable insanity is not in regards to a person’s conduct throughout the marriage. It refers to a spouse’s mental health condition and whether that calls for continued confinement and examination.
What is the determination for incurable insanity that is the basis for divorce?
North Carolina General Statutes state that confinement for three years and proof of incurable insanity by two reputable physicians is the primary evidence to warrant the request for a divorce. However, there are circumstances that necessitate other evidence:
· Physicians judged the spouse insane for three years preceding the petition, and the judgment of insanity stayed the same throughout.
· Two or more medical doctors of an accredited four-year medical school can state the insane spouse was suffering for three years preceding the action of divorce and that the insanity continued without interruption.
What is the outcome of this type of divorce?
Money is a key factor in what happens after the divorce. The court considers the financial situation of the spouse with incurable insanity. For someone lacking sufficient income, the court may require the plaintiff to provide for care and maintenance.
Mental illness divides families. Obtaining a divorce based on the grounds of incurable insanity is not easy. It takes time and resources. Hiring an attorney to go through this process with you may ease your stress.