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
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Raleigh, North Carolina 27607
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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!