He's having a child with another woman


This is adultery and gives you grounds, if I’m correct, that ends the need for the physical separation. Again, if I’m correct, that makes it 90 days to finalize.


Is it adultry if we’re leagally separated?


I would wait for a response from one of the attorneys, I don’t believe you are getting accurate information.


Dear movingon:

Greetings. No, you cannot get divorced in NC without being separated one year and one day. There are no other grounds for divorce in NC (except for incurable insanity - which actually takes a 3 year legal separation and then you must also support your spouse generally for life). 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.


We’ve been legally separated for almost 5 months. I have recently learned that his new girlfriend is pregnant. Would the courts possibly look at these circumstances and absolve our marriage before the 12 month waiting period is completed?