If infidelity admitted can divorce be before 1 yr?


#1
  1. If one spouse is willing to admit to infidelity since the separation started, can a divorce be granted in NC prior to waiting the required year? and if so how soon can it be done? What is the required waiting time, if any then?

And 2) if that spouse (the wife) was the one who left and subsequently was had relations with another man(admitedly or not), if the husband chose to date after six months would/could the woman he dated be in jeopardy of being sued for alienation of affection until the divorce was granted?

Thanks for your reponse.


#2

There is no way to speed up the waiting period for divorce in North Carolina. NC is a no fault state, and the only basis for divorce (aside from a rare situation of incurable insanity) is to live separate and apart for one year and one day.
An plaintiff in a alienation of affection suit must prove that there existed a loving martial relationship, the affection of which was destroyed by the defendant. If you did not begin dating until after your wife left you she cannot establish the required affection. This does not mean that suit cannot be filed, just that it would not likely be successful.