Felony Conviction and Divorce

There seems to be a never-ending list of reasons for why couples decide to end their marriage and file for divorce. Most of these reasons fall into two separate categories – fault and no fault.  The state of North Carolina is one of 30 states that allow fault as grounds for divorce, meaning one of the spouses was at fault for causing the divorce because of something he or she did. In fault-based divorce claims, the “innocent” spouse has to prove the other spouse acted wrongly in order to justify the divorce.

Some typical reasons for fault-based divorce are adultery or desertion, but a spouse can also file a fault-based divorce claim if the other spouse was convicted of a felony and has spent significant time imprisoned. This situation constitutes as fault-based because it can have a serious strain on the marriage and may be harmful to children and the well-being of the entire family.

Felony Convictions

With one spouse away in prison for extended periods of time, the other spouse may feel a high amount of pressure to not only try and hold the family together by him- or herself, but to also somehow rebuild the marriage. In these cases divorce may be the only option because the two cannot survive the time away or even the reality that one spouse is a criminal. You can also file a fault-based divorce for:

• Emotional or physical cruelty
• Adultery
• Insanity
• Inability to have sexual intercourse (if found out after marriage)
• Desertion

The state of North Carolina does not grant divorce on no-fault grounds, but in any divorce case you will need the advice of a professional attorney.

Contact Us

We can help you during this tough time. Contact the Raleigh divorce lawyers of Marshall & Taylor P.C., at 919-833-1040 to speak with a legal professional.