First you should know that legally NC has only two reasons to grant divorce. One is one year one day separation, and the other is insanity. If you are living in the same home regardless of emotional separation you are not separated. You can only file for divorce after one year and one day of living separate and apart in NC.
Second, why would you want to divorce if you are planning to still live together?

It is not that we want to live together, we just don’t have a choice. Neither one of us has the resources to go elsewhere

Steven Hershberger

Unfortunately, you can only file for divorce if you live separate and apart for a year and a day. I am sorry I do not have better news for you.

Helena M. Nevicosi
Attorney with Rosen Law Firm

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

301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044

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.

Ok, here goes nothing. This is my situation, My wife and I have had marital problems for approx 3 years now. We have been apart for about 3 and a half years. She moved to NC about 2 and half years ago, I moved here about 2 years ago. We do live in the same home, due to the fact that our child is here. Is it possible to file some kind of divorce if both parties agree? Due to current financial situations on her part and mine, we do not have to resources to move elsewhere. So we will be stuck here. But we just can NOT stay married and we are both in agreement that we do not want to be married. What do we do from here?

Steven Hershberger