North Carolina Divorce Lawyers Blog

Articles Tagged with no-fault divorce

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Imagine separating from your husband but never filing for divorce.  Now imagine separating from your husband, never filing for divorce, and learning years later that you had actually been divorced for approximately 12 years.  This is exactly what happened to a woman living in the United Kingdom.

 

Rachpal and Kewal Randhawa were married in 1978 in Berkshire, a county in southeast England.  The couple parted ways and separated in 2009.  Despite separating, the couple still attended family functions as husband and wife.  Rumors spread that Mr. Randhawa had even had a child with another woman, but Mrs. Randhawa stated she remained unaware of his relationship status.

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Dycus v. Dycus, ____ N.W.2d ____ (October 2020).

Once upon a time in North Carolina, the concept of a no-fault divorce was unheard of. In fact, some of this state’s earliest granted divorces stem not from the courts, but rather the legislature. In those days past, a spouse would have to apply for a divorce before the General Assembly, and then take up valuable legislative time by having the legislature investigate the grounds for a divorce. These days, divorces are much easier to come by, requiring only a resident spouse to show a one-year separation. Surprisingly, from time to time a spouse does not seem to “let it go” and some states have had to adjudicate appeals from divorces based on constitutional grounds. Below, we discuss a peculiar appeal on those grounds from Nebraska stemming from a no-fault divorce. Continue reading →