Yes you can file for divorce after one year of separation…and you have one and one-half years separation, so I don’t see why you could not file for divorce. You can always resolve child custody at another time. You should make sure though that you have resolved the issues of equitable distribution and alimony prior to the divorce judgment, or you will lose those rights on the date the divorce is granted by the judge. Best of luck.
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
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.