Spouse imprisioned

If you are in NC the only way you can file for divorce is to be separated one year and one day. Sadly, abandonment does not change this requirement. If he was arrested in July of last year, then you could use that as the date of separation…then you only have a little over a month to wait.

Yes, you will still have to be separated for a year before you can file for divorce, there is no way to shorten the time period in this state.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

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

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780


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.

Last year in July my spouse of four years was arrested charged with raping a nine year old girl five years earlier the time being a month before he and I met. He was taken back to the state the charges were made, he admitted his guilt. He has yet to be convicted.
My question is do I have to wait an entire year the legal year of separation to divorce him? Does this fall under the category of abandonment?
Thank you!