Adultery/show in court?/expedite process


#1
  1. Adultery is not grounds for divorce in NC. The grounds for divorce are 1 year separation and incurable insanity.
  2. An absolute divorce does not require the appearance of both parties in court and will be granted if one party is present or if the lawyer for one party is present and a motion for summary judgment has been filed.
  3. No.

Good luck.

Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCdivorce.com
(919)787-6668

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 but a full discussion with an attorney should be undertaken before taking any action.


#2

Thanks for responding.

Jack


#3

Hi,

My buddy was in a bad marriage when he met a lady and they hit it off. The wife hadn’t had sex with him in 3 years and had told him several times that she wanted him to give her a divorce. Within two weeks of meeting this nice lady (and not having done so much as touched her, just talk), he somehow got the courage to tell his wife he was going to give her the divorce she wanted. She didn’t react at all. Basically, she didn’t beg him to stay, or even ask to talk it over.

My friend didn’t have much money and was living in his wife’s home, and he was retired at the time, working odd jobs - just enough to pay the light bill at their house and a few meals here and there. He still saw the girl, all the while working every day to make enough money to get a well and a septic tank down on some land he had, as well as get a home there. By the fourth month, his wife had seen him walk around town with his girlfriend. She kicked him out.

They never signed a legal separation agreement, so what he wants to know is…1) can she divorce him based on grounds of adultery by NC law? It has almost been a year and she has not contacted him at all. He thinks that if she were going to get him for adultery, she would have already done so and not waited a year.

Also, 2) if she does serve him papers and he signs, and agrees to everything in the document, does he have to show up at court? I heard that, as long as he signs, he can send the papers in, and the judge will ask “Does anyone in this courtoom object to this divorce?” and if he is not there then the divorce will be granted.

Lastly, 3) is there always a mandatory 30-day waiting period between papers being served and the actual court date?

Thanks for your help.
Jack