Length of seperation


#1

Dear movin-on:

Greetings. First, she and her husband committed perjury - which is a crime in North Carolina.

Now, for North Carolina to have jurisdiction to hear the divorce complaint, the parties must be separated for one year and have lived in North Carolina for at least six months prior to filing the action. If either one of these does not exist, the court does not have jurisdiction, and the divorce judgment is void.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorcecom
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

I have a friend who tells me that she and her ex merely stated that they had been seperated for a period of one year prior to filing for
their divorce because they both wanted to get it over with (they had actually only been seperated for about 10 months). Their divorce was granted with no one the wiser but my question is - is she legally divorced- she’s planning on re-marrying soon.