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?
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
301 McCullough Drive
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Chapel Hill, NC 27514
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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?