You cannot file for divorce unless you have physically lived separate and apart for a year and one day. You have to actually have separate residences, separate bedrooms are not sufficient. You can file for divorce in North Carolina as long as you have been a citizen and resident of this state for at least six months. You may be able to file for divorce in New York but it would depend on their residency requirement.
Helena M. Toft
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.
Greetings. Yes, a physical separation where only one of the parties intends it to be permanent, can be the year separation for the divorce. 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.
My husband and i have been married for 91/2yrs, legally 4yrs. When we first got married in 1995 he said his divorce from his first wife was final and we came to find out that he was still married when we were married, we remarried in 2002. We have decided now tht we need to have a divorce, we cannot afford to have separate apartments, he is the only one that works so we decided to live together in the one tht we share with our 2 sons, ages 8 and 21mths. Can we file for divorce if we still live together? we have no sexual relationships with each other and sleep in separate rooms. We were married in New York but we have lived in NC for the past 3yrs. Can we get a divorce in either state or does it have to be in NC?