Not LEGALLY seperated for a year but in a new relationship


#1

I have been trying to save up money to file for divorce as my former husband isn’t helping me with the process.

We have been living seperately in different states now for over a year and trying to manage our lives independantly while still caring for our 10 year old son.

I have recently been going out with another man. We go to church together and out for dinner. We have been seen together at the mall and other places. I was told by a friend of mine who went through his own divorce that since NC is a state that doesn’t require you to file legal separation, as long as you have lived apart for over year, you are okay with dating again.

I began reading these posts and am now regretting that decision and take full responsibility for not getting legal advice on this first! So now what?

Also, how can I get a divorce without an attorney and make it as cheap as possible IF the above situation never comes into play?

I appreciate any advice you all have for me.


#2

Everyone’s situation is different. It sounds like you met this person well after separation, so unless your ex can tie this new gentleman to prior to your separation and prove some kind of affair it’s unlikely to hurt you. Now, there are LOTS of bitter spouses who will litigate over almost anything, so you never know. Just because you can’t necessarily win a lawsuit, doesn’t mean they still can’t start one.

All you need to do at this point is file a form. Please note that if you have not filed for equitable distribution that you will lose that right once the divorce is finalized. Kathleen (rosen attorney) I’m sure can offer you more insight as to what form, etc.


#3

Endoftheline’s response was pretty thorough. Your friend’s statement about being fine dating after one year isn’t exactly correct. There is no specific rule about this, but having sex while still married to another party is still a crime in NC. Regardless, you should proceed with a divorce. If you want assistance with filing a divorce, you should consider using Rosen Online. We will assist with forms and answering questions about the filing process.


#4

Also, how can I get a divorce without an attorney and make it as cheap as possible IF the above situation never comes into play?

I appreciate any advice you all have for me.[/quote]

You would be surprised what talking to the clerk of court in your county about your situation will save you $$. Goggle also works!


#5

Lots of counties provide pro se packets for filing do-it-yourself divorces. If these are filled out accurately and the directions are followed correctly, you shouldn’t have much trouble getting your divorce granted. Clerks cannot give legal advice.