Spouse serving jail time


#1

Nothing can speed up a divorce. In NC you must be separated for one year & one day prior to filing for divorce.

I suggest consulting an attorney and getting a separation agreement drawn up. If your spouse is not aware that your intent is to separate and ultimately divorce, she could sue for Divorce from Bed & Board for malicious turning out of doors.
You possibly could change the locks but it would be a good idea to check first. I would think that you would still have to allow her back into the home to remove personal items since she did not leave voluntarily…and she would still entitled to 1/2 the marital assets.


#2

If your spouse is in jail you can begin the separation period, however there is no way to shorten the one year waiting period for divorce. You can pursue a divorce while your spouse is in jail, before changing the locks I would recommend that you consult with an attorney.

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

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

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Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

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.


#3

If my spouse has to serve jail time for a shoplifting incident, am I legally allowed to change the locks of our home? Can I persue a divorce while she is in jail and do we still have to be separated for a year before the divorce will be final or does the fact that she had to go to jail expedite the divorce?