1 yr separation requirement

The NC courts will not overlook the one year separation requirement for any reason for granting a divorce.

Thanks for the response. My second part of my question was while one is separated, if they take up residence with another, is that considered adultery even though they are now separated?

Evelyn Wilkerson

Yes. Adultery is having sex with someone other than your spouse and though you are separated you are still legally married until you have been granted absolute divorce. You are legally allowed to date while separated.

Once you’re seperated, though you are “legally” commiting adultry until the date of divorce, the courts do not consiter it an offense of the marriage, as long as it happens AFTER the date of seperation.

Adultery is a sexual relationship with someone outside your marriage, and it is a crime until the day you are legally divorced.

There is no circumstances under which the court will shorten the waiting period for divorce.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

Is there any circumstance that would allow the courts to overlook the one year separation requirement? Adultery, for example? And while one is separated, if they take up residence with another, is that considered adultery even though they are separated?

Evelyn Wilkerson