I’m trying to figure all of this out because I’m very confused but he’s been gone for almost the entirety of our marriage. I found out in June that prior to us getting married, he had been cheating on me for approximately two years and I want out. He also was lying about an addiction.
So I’m trying to find out if I should go after an annulment (if that’s possible) or normal divorce. And since he’s deployed, when would the separation date technically start.
Assuming you had a valid marriage, then you will have to pursue an absolute divorce after one year of separation. You would not be eligible for an annulment.
Your date of separation will be the date in which you are both living separate and apart (you have already met this) and you have formed the intent to remain permanently separate and apart. You can then file for absolute divorce on the next business day after one year has passed from this date.
If your husband is still deployed at that time, the court will need to appoint an attorney for his interests in order to satisfy the Servicemember’s Civil Relief Act.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.
So would our separation date be the day we both agreed that our marriage wasn’t going to work and we didn’t want to make it work or attempt to?
Yes, it would be the date that at least one of you intended that the separation be permanent.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.