How soon can I file for divorce?


#1

Dear hadenuff:

Greetings. You became legally separated the last date you lived together. Generally the day you obtained the restraining order is the date of separation, unless you left the day before.

From your date of separation, you must wait one year before filing for divorce. Therefore…you have approximately 8 more months to go! Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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.


#2

Thank you for responding Janet-altho the answer is pretty disappointing:( What about other mitigating circumstances,such as mental/emotional/drug abuse,financial abuse,alienation of affection,etc?? I thought in NC you could file for alienation of affection if there was no sex for 6 mos?? I certainly qualify for that[:I]
Thanks-just want this nightmare OVER!!
Hadenuff

I will survive~~~


#3

Dear hadenuff:

Greetings. Remember that an absolute divorce is different from alimony, post separation support, equitable distribution, etc. All of those you should file for immediately if you are trying to get those benefits or hire an attorney to negotiate them for you. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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.


#4

I was told that I needed to wait a year after a legal seperation to file for divorce. I am not legally seperated,tho I have a restraining order ,and he hasnt lived with me for over 4 mos.
I would hate to drag this out for another year-we ALL need to move on-even if he doesnt want to.
Thank you,
Hadenuff

I will survive~~~