Contested Divorce Questions?


Dear ncguy152:

Greetings. You must be a prize…want to know why? Your spouse is willing to lie creatively to keep you. No, if you have remained living separate and apart for one year and one day, then the divorce happens. it only takes one party to want the divorce.

Yes, ALL divorces must go through one year and one day. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
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


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 i’m currently in the process of separating from my wife, however she threatens that the divorce and separation will not be valid, because she intends to contest it. She states that there is a new law in North Carolina, allowing a spouse to contest the divorce even though the other spouse wants it. Is this true? and Do all divorces in North Carolina have to go through the one year separation or are there other alternatives to ending a marriage earlier than the one year period?