In NC you must be separated for one year and one day before filing for divorce. That means that you must live separated and apart. If you have file for Divorce from Bed and Board and are still living in the marital home with your wife, you are not separated. The one year one day separation requirement for filing for divorce will not start until one of you move out. You can not file for divorce until one year and one day is over. Since she denied the claims then it will need to go to court. When it is heard in court then if you are granted divorce from bed and board she will be “forced” to leave the marital residence.
Dear jim33:
Greetings. You cannot file for divorce if you are living together - only divorce from bed and board. You habe to live with her until you can negotiate her out or until the judge orders her out. Habe the hearing set for divorce from bed and board. Good luck.
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 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.
What if you can’t negotiate YOURSELF out? I want to leave, I’m willing to pay 50% of all household bills and joint debts until ED is decided, but she will not sign an agreement. I want to be fair financially for my children’s sake-I’m not going to leave her or them high and dry. She says she hates me and can’t wait for me to leave, but wont sign an agreement! My 3 children hear this and see how ‘unloving’ the environment it. I try to keep it from them, but it’s difficult when my wife screams about it all the time.
My depression deepens. Is she trying to wear me down? Do I have ANY recourse? I want to protect myself.
Dear needinganswers:
Greetings. Yes, you can leave without an agreement and pay the sum you want to pay. Yes, you can file for divorce from bed and board. Yes, you have options. You don’t like your options, but you still have them. Thank you.
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 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.
Hi,I was wandering how long do i have to live with my wife.I filed for divorce,child custody,and divorce from bed and board back in beginning of nov. 2006.I filed after discovering a love note in my wifes jacket i confronted her with it and she said that she was emotionally attached to him and she wanted our marriage over.After tring to reconcile with her and getting no where i filed for divorce.We have two children 4 and 2.I filed for child custody because she has bipolar disorder and has committed self mutilation.In December she filed a answer to my claims and denied them all.I had to hire a P.I. to get my evidence of adultery and it also shows her reckless behavior the p.i. caught her in a shopping center parking lot in the third parties car making out at night time.My attorney told me to have my mom present in the home when me and my wife are at home just in case she wanted to call the police and make up something to get me kick out of the home.I had to go on antidepressants because of this but i have gotten off meds in december and i been going to church.This is so emotionally draining on me.A judge ordered that our children remain in the martial residence and our mediation failed.I need to know how long is it gonna take to get her out of the residence? Oh and by the way she is seening a pshycrist(forgive my spelling) for two years she had been treated for adhd and i didnt know she was bipolar until about 8 months ago.I work the first shift and she works second shift.Is there an way to speed this up by getting her removed? thanks