Spouse overseas


She will need to wait the year.

Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607

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.


Thank you for responding so quickly! That’s what I thought…just wanted to make sure. Enjoy your weekend :wink:


I’m asking this question for someone I know wanting a divorce (even though I am also going through the process myself).

The woman is currently separated, has a child, and is a resident of NC, but the husband is English and left the family to live in Italy. Does she still have to go through the one year separation in order to file for divorce in NC, or does the fact that he’s foriegn, currently living out of the country, change any of the rules as to the one year separation? Since he’s already out of the marital home, would divorce from bed and board on the grounds of abandonment be something she should look into?