Separation, New Love,!


Hi Tiffany
I live in pender you go through the same system I do and it stinks takes to long to get things done.
I will tell you this 1 year 1 day from the time you seperated you can file for the big D until then you are still legally spouses it stinks but this is how it gos.
Now will you or he go to jail for this likely not but if you can alimony from him its best to wait this is why I am waiting if I can get it from her I will take it from her and as much as I can too.
I do want to move on but the system makes it like that I think there is one thing to have it put the agreement to move kind of thing not sure.
I hope this helped out good luck to you


Dear Tiffany:

Greetings. Adultery is a crime in NC and a Separation Agreement does not make having sex without someone that is not your spouse legal. The Separation Agreement usually deals with your financial issues.

If your husband is served with the divorce properly, nothing further is required of him to get the divorce - it just happens when you set the hearing if your paperwork is in order.

Thank you and good luck.

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.



My name is Tiffany. I live in New Hanover County (Wilmington) North Carolina. I have been married for two years and suffered a great deal of marital abuse. Most of the abuse was verbal and some of it was “lightly” physical (i.e. pulling my arm, etc.)

I confided in many of my friends that thing were getting terrible. Many of them noticed the dicline of my marriage first-hand and have written statements for me in case I need them.

After I got really scared of the abuse, I got a restraining order against him. When I went to court to “extend it” a few weeks later, the judge ruled against it because it was a “he said, she said” situation.

I got a lawyer, filed separation papers and they indicate that we are now legally separated and free to “see, have a relationship with or co-habitate” with anyone we now see fit.

Does this legal seperation truly protect me from him saying (or me saying) that he has committed adultery if one or both of us “move on” before the legal divorce is final? If not, what is the point of the document?

Also, if he decided not to sign the final divorce papers just to be argumentative and delay things…how long can he do that? What will actually end this process?

Any and all advice is appreciated.