Grounds to contest


Dear divorcethecon:

Greetings. If he has been in prison for more than one year, I cannot imagine him having any basis to contest the grounds for divorce based on one year separation. Your divorce should be shortly on its way!

Now, he can always answer and counterclaim for equitable distribution and/or alimony. These issues would not hold up the divorce, but would have to be deal with separately. 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.


I filed my divorce papers in the county where I reside. I had the copies sent to another state to be served to my husband in prison. We were separated more than one year. Are there any grounds for him to contest and, if so, how would this delay the divorce?