In my situation I was married on 11/23 and it was all out of spear of the moment because I was kind of scared of the situation. I honestly don’t want to be married anymore but I’m not sure how to handle the situation and what to do because he doesn’t want to get a divorce. I’m a resident of NC, and he isn’t a US citizen at all, we were married in NC. So what do I do?
You must move out, and once you have lived separate and apart for one year and one day you can file for divorce.
we have never lived together… not even now…
If you married a person that is not in the country legally what you are saying (that you never lived together) might be grounds for being investigated by the USCIS (US customs and immigration service) if he has applied or applies for permanent residency by reason of marriage.
I would just start counting from the day you formally communicate(d) him you wanted to separate and get divorced. To support your claim in the future, obtain some kind of hard evidence that you have lived separated and apart from that date (for example, rental receipts), get some people to help you out by being your witness that the separation is in fact real and just sit wait for the one year and one day. Then you can get an absolute divorce very easily and without the need of a lawyer (or for around 500 bucks one will do it!).
Maybe you could get an annulment of the marriage but what are you going to say was the reason for the annulment?
[color=#FF0040]NOTE: I AM NOT A LAWYER AND NOT PART OF THE ROSEN LAW FIRM. THIS IS JUST A COMMENT NOT LEGAL ADVICE![/color]
Then you may file on the 24th of November 2011.