Is there anyway around the 1 year rule


#1

There is no legal way around it.


#2
quote:
[i]Originally posted by stepmother[/i] [br]There is no legal way around it.

What do you mean by legal?


#3
quote:
What do you mean by legal?

[:0]I mean legal. You can lie to the courts, commit perjury, about the date of separation and be able to file for divorce earlier that normally allowed, but it’s ILLEGAL. If the date that you file for divorce is not one year and one day after the true date of separation it could affect whether or not the absolute divorce could be called into question down the road if say, your STBX didn’t want you to remarry…


#4

Dear betrayedHB:

Greetings. No, if you do not have the grounds for annulment, then you don’t have the ability to be “unmarried” sooner than one year and one day. It is more than just illegal to lie to the court about the date of separation - it effectively will keep you married. You will not truly be divorced and the spouse that lied with you may show back up later to dispute the divorce. Good luck - and patience!

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

ROSEN.COM

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.


#5

My W has been in a affair for about 7 mths now with no signs of turning around. I wonder if there is anyway around this 1 year rule of separation?