Separation, adultry

There is no way to attempt divorce before the one year and one day separation is completed.

Adultery is a crime in North Carolina and if you moved in with your boyfriend you would be giving the police evidence that you were committing adultery. I do not know if the state would pursue that against you or not.

Helena M. Nevicosi
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.

My boyfriend and his ex(soon to be ex-wife) have been separated since June 2006. We did not start dating until October 2006. She has a “Friend” in the local police department and things have seemed to be covered up. There have been several incidences where she has barged her way into the house, stolen his keys after he changed the locks and committed spousal abuse. He has called the cops on these issues, filled out a domestic abuse report and nothing has happened.

Because they do not have a legal separation agreement, I am told they are still “married”. I was supposed to be moving in with him, and she is now threatening to take legal action against us if I do. Is it legal to draw up a lease and live with him? SHe refuses to agree to attempt to divorce prior to the 1 year, 1 day law for North Carolina, and is also refusing to draw up a separation agreement.

What can I do? Can she take legal action against us for adultry? I don’t feel safe not living with him, in the same town that she is in because she has threatened me. If something does happen, I have a feeling it will end up “covered up” because of her friend in the police department (whose name we don’t know). Can someone please help?