You cannot file for divorce until October of 2009, not April. You must be separated a year and a day.

I’m not sure how the military would handle the situation. I CAN tell you that as a civil matter, your husband can sue your lover for Alienation of Affection/Criminal Conversation.


First, there is no legal separation in NC, it is just a period of time required prior to the filing for divorce, which is one year and one day. You will not be able to file until October 2009. As for the affair, your husband will have to prove you had an affair, and the only consequence you will face directly is that if he can prove you were unfaithful prior to separation you will be barred from alimony.

I do not know how the military will treat the affair, or how you may be affected by their process.

Erin E. Clarey
Attorney with Rosen Law Firm

Raleigh Office
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) 943.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (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.


My husband and I got legally separated in October 2008. He is in the United States Air Force. After we became legally separated, I met someone else in the United States Army and we have been involved. I have never had any intentions on going back to my husband and in April 2009, I will be able to file for divorce. My question is my husband went to his command about my new partner having relations with a married military spouse, what would be his consequences?