Dear chobits23,

The only grounds for divorce in North Carolina is separation for a year and a day. Adultery is a crime in North Carolina but it would be up to law enforcement to decide whether or not to enforce it. I do not know if the document you signed is in enforceable. If it is not a signed and notarized document then it is not likely that it is enforceable.

Helena M. Nevicosi
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

10925 David Taylor Drive, Suite 100
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.

Hi my husband and I have been separated now for 9months. When we first got seperated I signed a paper stating that I would file for abandonment if we should get divorce or in any custody battle for our kids. When I signed it I did not understand what I was signing and I was under alot of emotional stress. Can I contest that document in court and also is it legal for my husband to have a girlfriend who lives with him, while he is still married? Could I divorce him for adultry?