Separation vs legal separation

I’ve read that it’s either separation or divorce in NC. Have been not living under same roof with estranged husband for nearly 8 yrs.
After all this time alone I was told by a lawyer I was free to see/date a man and could have all this time. Surprise. Estranged husband sure has not wasted time from before I left him for cheating over 8 yrs ago forward to his presently being in a relationship for a woman 25+ Yrs younger than he.
I don’t have the money to divorce.
Man who wants to date me is leery of the laws.
PLEASE kindly tell me what statute specifically addresses this?
I read somewhere that if I emailed my estranged husband saying something to the effect our separation is with the intent it is permanent to lead to divorce …that this would insure the intent by me in WRITING and therefor hold me in line with the Law.
My God, husband is openly carrying on without a worry in the world all these yrs…It would be unfair I could not at least date til I have found some way to sue for divorce…

If you’ve been living continuously separate and apart for more than one year without resuming the marital relationship and you’ve intended for that separation to be permanent, then you are considered separated for purposes of absolute divorce and you would be eligible to file for an absolute divorce from your husband.

For more information on an absolute divorce, check out our article Absolute Divorce - The Details.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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