Separation question


#1

The period of separation begins when either your or your wife decided that you would remain separated without having the intention of resuming your martial relationship. After you determine the date you decided to remain separated you can file for a divorce 366 days thereafter. In North Carolina there is no way around the one year separation.

Erin E. Clarey
Attorney with Rosen Law Firm

Raleigh Office
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 943.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#2

what about in cases of infidelity? what if she is pregnant with another man’s child?


#3

The reason for the divorce is irrelevant. No fault divorce is the the only way to obtain an absolute divorce in North Carolina based on your circumstances. Although her infidelity does bar her from otaining support from you.

Erin E. Clarey
Attorney with Rosen Law Firm

Raleigh Office
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 943.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#4

Due to the short duration of your marriage, it is doubtful that your wife would be able to obtain alimony anyway. However, her infidelity absolutely bars her from alimony. Your best bet in this case is to wait out the 366 day period, get your divorce as inexpensively as you can, and forget this marriage ever happened. Good luck.


#5

My wife and i got married june 28, 2008, and have technically never shared a residence, me being deployed shortly thereafter. I am still currently deployed, and we want a divorce. Will we have to wait the required year separation, or is there a way around it? Thank you in advance for your responses