Divorce and Adultery


#1

My husband told me that he wants a divorce. He admitted that he has committed adultery. She has admitted to me that they committed adultery. I have records of the admission. We are trying to divorce as quickly and painlessly as possible in a very painful situation. What is my best option? I would prefer not to be tied to NC for a year. There is no hope for reconciliation. I just want us both to move on. Is there no way to avoid a one year separation before we can just end this? We were together for 3 years and only got married in December. I can’t afford an expensive divorce and neither can he. We just want to divide things up on our own peaceably and go our separate ways.


#2

Unfortunately there is no way to obtain a divorce in NC without first living separate and apart for one year and one day. You may leave the state however, and so long as your ex remains in NC, the divorce can be filed here after the waiting period, even if you have moved out of state.


#3

At what point, if we both end up moving, are we no longer able to file in NC? I’m concerned that if I leave the state, and then things fall through for him and he moves out of state to his parents’, that we’re going to have to start all over with a whole new set of state laws. And then what state would we file under? His or mine?


#4

At least one of you must be a resident of NC at the time of filing (and the 6 months leading up to that date). I cannot speak to the laws in other jurisdictions.