When to file for Divorce

Dear sugarbear1:

Greetings. No, you were separated when you both moved into new addresses, and one of you had the intent for the separation to remain permanent. Therefore, it sounds to me like you can file for divorce at the end of the year from the date you separated. Smooth sailing!

Janet L. Fritts
Attorney with Rosen Divorce
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.

My spouse moved out of our home over 23 months ago and has not stayed overnight since she left. We have no children. During this time, we dated occasionally (maybe once a month) including physical contact and talked about working things out. That ended 6 months ago. I have met someone with whom I would like to start a relationship. Do I have to wait 12 months since our last physical contact to file for divorc? My spouse has not stayed overnight at our home since she left.