When to File for Divorce

The Wife left the marital home to live with her new significant other Aug. 8, 2010, leaving her 12 year old daughter with the Stepfather in the marital home. Can the Husband file for Divorce in NC right away, or does he have to wait the same 1 year period as for a No Fault? Details: The actual duration of the marriage is 9 years. Both parties are employed, with husband is continuing to paying the household bills. Daughter is attending school from the marital home and wants to stay there to the agreement of both parties.

He must wait until they have been separated for one year and one day before filing for divorce.