Alienation of Affection still a year wait?

North Carolina Divorce Law Divorce and Separation Answers
1

Not a lawyer, but this may help:

  1. Yes, you will still have to wait a year
  2. NC is a “no fault” divorce state in almost all instances (adultery is NOT an exception, sorry). Yes this is the quickest way to a divorce. A year is the minimum, when there is an exception to the year wait, it is usually LONGER than year to get a divorce.
  3. Marital property will be spilt, though if you can prove the affair, Party A will forfeit a claim on alimony.
  4. No, you will need to see a lawyer and have an agreement drafted then signed by both of you. Though as far as the time limit is concerned, if you can prove the two of you have been living apart the year will start at the time shown by the proof you submit.

Hope that helps.

2

You must wait the year for an abaolute divorce.

This is an absolute divorce based on a one year separation and is often referred to as a “no-fault” divorce. This is the fastest way to get a divorce in North Carolina.

Property may be divided by agreement in any way you choose, however, a court dividing the property will not consider adultery as a factor.

A separation agreement is typically executed shortly after separation.

Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
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.

3

I’ve been reading about NC divorce procedures on the net and have a couple questions. If Party A is having an affair, does Party B have to wait a year before he can file for divorce? Is this still considered a ‘no fault’ divorce? Is this the quickest way to get divorced in NC? A year at least? Is Party B obligated to split the marital home with the adultress? And is a separation agreement obtained immediately upon separating? Thanks.