Divorce after 1yr Seperation Period?


Dear javaking66:

Greetings. Yes, your husband can contest your divorce by alleging that you were not separated for one year. Filing claims for alimony or equitable distribution do not contest the divorce.

If he agrees that you were both separated for one year and you have lived here for six months, I cannot see why the judge will not divorce you. 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.


Am I correct in assuming that after 1 yr seperation period, if I file for divorce, my husband cannot contest on my divorce action itself? The only thing he can contest on is Alimony and Property Division. We do not have any children so there is no question about child custody.

Basically, Is getting a Divorce Decree a done deal if we meet the NC requirements of 1 year seperation and 6 months residency requirement of either parties. Correct?