Can I divorce?

Basically you haven’t resumed sharing a residence or a relationship as husband and wife.

Technical Requirements:

  1. You must not have resumed your marital relationship.
  2. You must have been a resident of this state for six months prior to filing.
  3. You must be filing in the county where one of you lives.

Helena M. Nevicosi
Attorney with Rosen Law Firm

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) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(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.

In reading through the FAQ section of the site, this was a statement/answer there:

Even if you were the spouse who left the marriage, your wife or husband cannot contest the divorce if the year has run and all other technical requirements have been satisfied.

What exactly are the “other technical requirements” that have to be satisfied?