I've been married for 7 months in NC. Can I get a fault divorce without having to wait anymore time?

Asked over 2 years ago - Asheville, NC

my husband has been mentally and physically abusive. I have assault charges on him right now. He also has a bad addiction to prescription drugs that he hid from me before and during our marriage. He has abandoned me and moved without any word from him over 3 weeks ago. He left me when all the bills and rent were due. I cant work due to numerous back surgeries and he knew we had shut off notices and was facing eviction when he left. I have read about "fault" divorce in north carolina. Does my situation fall under this? Can I get a divorce now without having to be separated for a year? I fear this person very much and just want out of this situation as soon as possible. What can I do to get divorced now?

Attorney answers (2)

  1. Scott E. Allen

    Contributor Level 11

    1

    Lawyer agrees

    Answered . I'm sorry, but the law in North Carolina is that you may not get an absolute divorce without waiting the statutory one year period after the date of separation from your spouse

    Scott Allen is a divorce and family law attorney in Wake County, North Carolina with over seventeen years of... more
  2. Laurel E Solomon

    Contributor Level 2

    Answered . An absolute divorce in North Carolina requires that the parties have lived separate and apart with the intent to remain permanently separate apart for at least one year prior to the filing of the claim for absolute divorce. Absolute divorce in North Carolina is not fault based.

    You should consult with an attorney who practices in the area of family law in your jurisdiction to discuss your options, which may include other claims or protections based on your specific facts besides an absolute divorce.

    DISCLAIMER: YOU SHOULD SEEK THE ADVICE OF A QUALIFIED ATTORNEY IN YOUR JURISDICTION TO ANSWER YOUR SPECIFIC LEGAL... more

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