NC Divorce

North Carolina Divorce Law Divorce and Separation Answers
1

Dear mallen61:

Greetings. No, I don’t think it is abandonment. Yes, you may be able to file using separation of over a year. However, you may want to research the issue of incurable insanity and ensure that he does not also need a guardian appointed prior to your divorce. Speak to an attorney. Good luck.

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

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

My husband and I have been married for over 8 years. He has schizophrenia and we have been separated since April 2004. (By his own choice he’s lives in an assisted living facility nearby.) All the property is in my name alone and I have power of attorney. We have no children. I care about my husband, but I feel it’s time for me to move on with my life. I’ve met someone and I’m considering divorce. I’m thinking about filing the papers myself if possible because of the costs involved. He receives social security disability and assistance from medicaid. These monies go directly to the facility. Can I file using separation for over a year? Could this be considered abandonment?