Previously separated, still have to wait 1 year?

The NC law says you must be seperated for 1yr to get a divorce so when did either of you move out and get a new address

We moved to separate addresses 2 years ago, but moved back together (no “relations”) about a year ago.

Again does it matter that we were not married in NC?

What if one of us establishes a permanent residence in another state? Can a divorce be had there?

I know this is no one on this board’s fault, but if you’ll allow me to vent, this is an archaic and very frustrating law.

if you can agree to date with your spouse and it is not out of the question most attys. will work with you on this deal.

You can legally file for divorce anywhere you want. Shop around for a state that fits your terms, maybe Nevada. I do know that if both of you state on paper that you have not resumed your normal marital status (NC law says relations have nothing to do with it) for one year and one day, you can file for a simple divorce. And yes, it is very arcane.

Yeah but the whole point is that I don’t want to have to wait another year - have been living together for all this time, but want to get a divorce today. In what state can i do this?

This is a North Carolina-based forum, deez99, you’ll have to look around! Try “quick divorces” in Google.

I looked into a divorce in Mexico. I don’t know how legit it was, but I found a website that could have you a mexican divorce within 24 hours. Good Luck.

Haiti has the same thing. But remember, in your haste you might be screwing yourself by not using a system familiar with US law.

Dear deez99:

Greetings. You do not “annul” a separation period - you just stopped being separated. No, there is no way around the 1 year separation period. If you lie, you commit perjury. No, it does not matter if you were married in NC or not. Remember that perjury is a crime in NC. Thank you.

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.

We were legally separated for about year, then tried to reconcile. Moved back in together, never “annulled” any separation or anything official that I recall…Have mutually decided it’s just not going to work. Is there any way around the 1 year separation bit before marraige, based on the above? Does it matter that we weren’t married in NC? If we just said we never moved in back together and both were fine with it, woud the original sep. agreement be enough to get a divorce now?