Divorce on Grounds of Adultery


#1

I learned last week and my spouse admited to adultery. As a result, we have decided to separate and I will be moving out in the next few weeks. I understand there is a 1 year waiting period from date of separation before the divorce can be finalized. I’m curious if there is any way to avoid the 1 year period. Also, what would be considered the date of separation - is it the day we decide to separate, the day I move out, or the date I have separation papers drawn up?

Also, in regards to division of assets/liabilities, if we have agreed to certain terms, will that hold up in court or will the court re-evaluate and make a determination? I understand NC is an equitable distribution state. In regards to assets/liabilities, my husband and I have a house, 3 cars, credit card debt in both names as well as student loans in his name, and I have a 401k through work in my name. With the divorce, can I keep my 401k out of the divorce or is he entitled to part of it? We’ve been married 5 years - living together for 11. He recently finished nursing school while we were married so his income has increased as a result.


#2

You must be separated a year and a day before you can file for divorce. You all want a signed and notarized property settlement before entry of divorce.

Equal distribution of debts and assets is the starting point for equitable distribution. Details on how to split those is beyond the scope of the forum. If you want to try to work this out yourself you may find Rosen Online a helpful resource. You may learn more information here:

http://www.rosen.com/diy/