After a year of separation file for divorce, he can’t stop a divorce from happening. Make sure you put in your claim for ED and alimony if appropriate before you file for divorce. He could drag out the ED and alimony, but he can’t stop the judge from granting the divorce.

Dear easytalker:

Greetings. Techically, adultery is a crime in North Carolina for as long as you are married and not divorced. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax


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.

After you have been (legally) seperated one year and your spouse will not settle over the marital property and says he will drag the case on for years before he will agree to any terms of divorce and is trying to wear me down and not consent to a fair and equitable settlement----how long do I have to remain celebate?