# Marriage Woes **URL:** \ **Category:** Divorce and Separation Answers\ **Created:** [March 14, 2008, 6:26am UTC](https://forum.rosen.com/t/marriage-woes/5720 "2008-03-14T06:26:18Z")\ **Posts on this page:** 8\ **Page:** 1
**Author:** ![stepmother](https://avatars.discourse-cdn.com/v4/letter/s/90ced4/32.png) [@stepmother](https://forum.rosen.com/u/stepmother)\ **Post date:** [March 14, 2008, 6:26am UTC](https://forum.rosen.com/t/marriage-woes/5720/1 "2008-03-14T06:26:18Z")
Yes they are having marriage problems. Should seek counseling if both are willing to work to save the marriage. If they do not want to save the marriage, one or the other should move from the marital home to begin the one year, one day separation required for a divorce. Not really sure what you are asking… ---
**Author:** ![trbotina](https://avatars.discourse-cdn.com/v4/letter/t/aca169/32.png) [@trbotina](https://forum.rosen.com/u/trbotina)\ **Post date:** [March 14, 2008, 1:21pm UTC](https://forum.rosen.com/t/marriage-woes/5720/2 "2008-03-14T13:21:48Z")
In the eyes of the law, they are still married and will have to go through the seperation period of one year and one day before they can file for divorce. ---
**Author:** ![Helena\_Nevicosi](https://avatars.discourse-cdn.com/v4/letter/h/db5fbb/32.png) [@Helena\_Nevicosi](https://forum.rosen.com/u/Helena_Nevicosi)\ **Post date:** [March 15, 2008, 9:47pm UTC](https://forum.rosen.com/t/marriage-woes/5720/3 "2008-03-15T21:47:19Z")
CAn you tell me what you are asking for an opinion on? Helena M. Nevicosi Attorney with Rosen Law Firm 4101 Lake Boone Trail, Suite 500 Raleigh, North Carolina 27607 919.787.6668 main phone 919.787.6361 main fax Charlotte Office 301 McCullough Drive Suite 510 Charlotte, NC 28262 Main Phone: (704)307.4600 Main Fax: (704) 9343.0044 Durham & Chapel Hill Office 1829 East Franklin Street Building 600 Chapel Hill, NC 27514 (919) 321.0780 > **[North Carolina Divorce Law - Legal Answers and Info](https://www.rosen.com/)** > > The best resource for divorce in NC. Find accurate, legal, family law advice from attorneys practicing in Raleigh, Durham, Cary, and Chapel Hill. 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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations. ---
**Author:** ![msducky](https://avatars.discourse-cdn.com/v4/letter/m/b9e5f3/32.png) [@msducky](https://forum.rosen.com/u/msducky)\ **Post date:** [March 18, 2008, 6:27pm UTC](https://forum.rosen.com/t/marriage-woes/5720/4 "2008-03-18T18:27:39Z")
I am asking that if a husband and wife do not sleep in the same bed and has not had sex for almost a year and having martial problems, in regards to NC separation and divorce laws, what does this mean? ---
**Author:** ![stepmother](https://avatars.discourse-cdn.com/v4/letter/s/90ced4/32.png) [@stepmother](https://forum.rosen.com/u/stepmother)\ **Post date:** [March 19, 2008, 6:32am UTC](https://forum.rosen.com/t/marriage-woes/5720/5 "2008-03-19T06:32:14Z")
If you are asking is this grounds for divorce, no. Divorce in NC is granted for two reasons only; One year and one day of living separate and apart from one another (this means two separate residences) and incurable insanity (which is rarely, if ever, used). Sleeping in separate rooms does not count as being separated and sex, or lack of, has little, if anything, to do with it. In regards to NC separation and divorce laws your situation means that you do not have a loving marriage. ---
**Author:** ![Golfball](https://avatars.discourse-cdn.com/v4/letter/g/ee7513/32.png) [@Golfball](https://forum.rosen.com/u/Golfball)\ **Post date:** [March 19, 2008, 10:13am UTC](https://forum.rosen.com/t/marriage-woes/5720/6 "2008-03-19T10:13:47Z")
> quote: > * * * > [i]Originally posted by msducky[/i] [br]I am asking that if a husband and wife do not sleep in the same bed and has not had sex for almost a year and having martial problems, in regards to NC separation and divorce laws, what does this mean? > * * * Absolutely nothing. In order to get a divorce, one of you will still need to be under a separate roof. ---
**Author:** ![Helena\_Nevicosi](https://avatars.discourse-cdn.com/v4/letter/h/db5fbb/32.png) [@Helena\_Nevicosi](https://forum.rosen.com/u/Helena_Nevicosi)\ **Post date:** [March 19, 2008, 7:45pm UTC](https://forum.rosen.com/t/marriage-woes/5720/7 "2008-03-19T19:45:42Z")
The circumstance you are describing do not have an impact on the legal status of your relationship. Helena M. Nevicosi Attorney with Rosen Law Firm 4101 Lake Boone Trail, Suite 500 Raleigh, North Carolina 27607 919.787.6668 main phone 919.787.6361 main fax Charlotte Office 301 McCullough Drive Suite 510 Charlotte, NC 28262 Main Phone: (704)307.4600 Main Fax: (704) 9343.0044 Durham & Chapel Hill Office 1829 East Franklin Street Building 600 Chapel Hill, NC 27514 (919) 321.0780 > **[North Carolina Divorce Law - Legal Answers and Info](https://www.rosen.com/)** > > The best resource for divorce in NC. Find accurate, legal, family law advice from attorneys practicing in Raleigh, Durham, Cary, and Chapel Hill. 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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations. ---
**Author:** ![msducky](https://avatars.discourse-cdn.com/v4/letter/m/b9e5f3/32.png) [@msducky](https://forum.rosen.com/u/msducky)\ **Post date:** [March 13, 2008, 5:01pm UTC](https://forum.rosen.com/t/marriage-woes/5720/8 "2008-03-13T17:01:35Z")
In the eyes of the law in North Carolina, what is your take on this type of marriage scenario? This couple is having marriage problems. They still live under the same roof. A husband and wife that do not sleep in the same bed and has not had sex for almost a year. What is your take on this type of scenario?