1) Just to clarify there are no fault grounds and fault grounds. The fault grounds consists more than just the incurable insanity, they are as follows:
(1) Marriages may be dissolved and the parties thereto divorced from the bonds of matrimony on the application of either party, if and when the husband and wife have lived separate and apart for one year.
A spouse must commit one of the following acts: (1) Abandons his or her family. (2) Maliciously turns the other out of doors. (3) By cruel or barbarous treatment endangers the life of the other. In addition, the court may grant the victim of such treatment the remedies (4) Offers such indignities to the person of the other as to render his or her condition intolerable and life burdensome. (5) Becomes an excessive user of alcohol or drugs so as to render the condition of the other spouse intolerable and the life of that spouse burdensome. (6) Commits adultery. (7) Incurable insanity. (North Carolina Statutes - Chapter 50 - Sections: 50-5.1 and 50-6)
2) Your separation agreement
can be used to support a no-fault divorce. So you can file under those grounds, as that document is evidence of your intent to live separate and apartm
3) He can protest all he wants, but it would be difficult to consent to the separation agreement he signed.
4) You personally cannot serve him. If he is coming to court, you can have the sheriff or hire a process server to serve him and yes he can be served at the next court hearing. Again you cannot serve him the paperwork. If he cannot be served after several attempts, he can be served by mail, again by a third party process server or mailed by the court clerk. Do not mail it yourself. They will prepare a proof of service that will prove he was served by them. If he does not respond, you can request that a default judgment be entered divorcing you.
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