My wife and I have been married for more than 41 years. We live in Northwest Raleigh. Her elderly mother went into the hospital in Georgia with Covid-19 around Thanksgiving 2020. My wife left for Georgia on December 11, 2020 (she holds power of attorney for her mother). She unrealistically believed that her mother would recover even after the doctors in Georgia told her there was nothing else they could do. Her mother died in the hospital on January 10th, 2021. My wife has remained in Georgia since then in an effort to resolve her mother’s financial situation (the hospital’s bill for her mother’s care arrived a week after her mother’s death and totaled nearly $630,000) and the situation with her mother’s physically and mentally handicapped adopted adult son that her mother left behind when she died.
I fully understand that my wife’s plate has been very full since she left for Georgia. However, she has only communicated with me when she needed me to do something for her. She did not bother to call me on Thanksgiving Day, Christmas Day, New Years Day, Valentines Day, etc. She has yet to ask me how I am doing or how our dog is doing. I continue to manage the household responsibilities and bills here in Raleigh. She indicated in an e-mail to me last weekend that she intends to return to Raleigh in mid-March for a couple of days primarily so I can perform the 60,000-mile service on her vehicle which will be due by that time. She then plans to return to Georgia to continue handling her late mother’s affairs.
It is quite clear to me that my wife now values the relationships she has with her remaining family members in Georgia more than she values whatever relationship we still have.
Do I have a case for divorce proceedings if I choose to do so? If so, how? If not, why not?
Yes, if you have formed the intent to remain permanently separate and apart, then you can proceed with the separation and divorce process. To be considered separated, you must be living separate and apart and at least one of the spouses must have formed the intent to remain permanently separate and apart.
You do not have to have a reason or fault grounds to separate and divorce in North Carolina.
You would need to notify your wife that you intend to proceed with the separation and divorce process which would include equitable distribution (property division) and alimony if either of you has a claim for it. This entails gathering and disclosing statements and documentation for all of the marital assets.
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
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.
You may find one of our free Webinars helpful as you begin your research.
Our NC Divorce Legal Webinar explains the divorce process and the information you will need to know for a separation and divorce and is presented live twice in March.
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
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.