From what I understand, if both of you agree in writing that you have not had sex and have not lived together for over a year, which is the required time apart in North Carolina, then the judge should take that into consideration and grant a divorce. I am not sure how the inclusion of a child affects this however because the final documents have to be drawn up by SOMEONE and I don’t recommend it be you or your wife.
Greetings. Yes, you may file divorce without an attorney and you can find the information on our website (including the forms).
The information you provided is not accurate. Sex is only one way to look at whether or not the parties are separated, but having sex during separation does not necessarily mean that the separation period must start over.
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
10925 David Taylor Drive, Suite 100
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.
I have been separated for more than one year now and would like to finally sever ties with me ex-wife. We do not have any property or assets to divide and the child support has been decided upon and is in place. May I file for divorce without an attorney and how long will it take to become final.
Anthony C Allen