Greetings. I do not know what Virginia law says about separation and divorce, and I recommend that you speak with an attorney there. Since you both live in Virginia, neither of you can file in North Carolina for divorce now. Thank you.
Janet L. Fritts
Attorney with Rosen Divorce
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
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.
I have a few questions. My wife and I decided to seperate with the intent to divorce about two months ago - Jan 2005 and have lived in seperate households ever since. We have no children involved, and no home, no abuse, no cheating, no drugs or alcohol involved - just can’t works things out. We had a written agreement but not signed or notarized on the items we had in our apartment. She then moved to Virginia with her half of the stuff. I also moved to Virginia about a month ago. We got married in Virginia, but lived in North Carolina throughout our nearly 3 year marriage. Do I have to have seperation papers to be legally seperated? Do I file for divorce in N.C. or Virginia? Which state do I do anything through now? Can we see/date other people since I beleive we are legally seperated? Is this a no fault, no contest situation, no alimony, no nothing but a good bye kind of situation? Can she get me for anything at all? Please help.