Protesting a divorce


#1

Please let me know whn you get an answer on this, Good luck.

J.M. Billing


#2

Your friend’s girlfriend’s husband could not contest the divorce based on adultery, because there are only 2 bases for divorce in North Carolina: 12 month separation and incurable insanity. However, he could file an action for equitable distribution of any marital property, and possibly alimony, if they meet the statutory requirements of being a dependent spouse. Adultery is relevant only when someone is seeking alimony. Her husband could contest a divorce if there was something in the divorce complaint that was not true, and needed to be decided by a court, for instance, the date of separation.

Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@rosen.com

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.


#3

I am close friends with a coworker who’s dating a woman that left her husband over a year ago. They are very much in love and he swears she wants a divorce, but says she is hesitant to be the one to file. My friend has been openly dating this woman for the past year and there were no legal separation papers signed between this woman and her husband. I warned him about this and am worried about him because he seems to take all of this lightly. I want to know, if she files the papers, could her husband then protest the divorce on ground of adultery? What grounds would he have to protest the divorce at all? I am afraid that he hasn’t filed himself yet because he is waiting for her to file - for a reason. Any help is appreciated!

Griffin