Dear Terry,

Isolated incidents of sexual contact do not toll the running of the 12 month separation period. So, unless you and he were scheduling times to get together on a regular basis, it should not affect you getting a divorce at the end of your separation period. You also did not have to file a separation agreement to be legally separated in North Carolina. Once you’ve started living apart, with the intent to remain apart, you are legally separated. No document is needed. You can file for your divorce once the 12 months have passed. You do not need his consent to file. However, you will have to make sure he is served with the complaint before the court will enter your divorce judgment.

Good luck,

Shonnese D. Stanback
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 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 husband and I seperated a year ago next month. while I am completly ready for the divorce he is still not wanting it. we did not file a legal speration agreement but I have lived with my mother for 11 1/2 months now and he has lived with his mother. as a matter of fact he spent 2 months of this year in prison. I am scared to file for the divorce and he is threatining me by saying he will tell them that he and i have had sex during this year. He feels this will stop this divorce and break the speration. Can he do this?