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

Asheville, NC |
Filed under: Fault divorce

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

Posted

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 experience. He can be reached at 919-648-0658. DISCLAIMER: YOU SHOULD SEEK THE ADVICE OF A QUALIFIED ATTORNEY IN YOUR AREA TO ANSWER YOUR SPECIFIC LEGAL QUESTIONS. SCOTT ALLEN IS LICENSED ONLY IN THE STATE OF NORTH CAROLINA AND THIS RESPONSE DOES NOT CONSTITUTE LEGAL ADVICE AND DOES NOT CREATE AN ATTORNEY/ CLIENT RELATIONSHIP. RATHER, THE RESPONSE IS IN THE FORM OF LEGAL EDUCATION AND IS INTENDED TO PROVIDE GENERAL INFORMATION ABOUT THE MATTER IN QUESTION. ALTHOUGH A RESPONSE IS PROVIDED TO THE SPECIFIC QUESTION, THERE MAY BE OTHER FACTS AND LAW RELEVANT TO THE ISSUE THAT THE QUESTIONER HAS LEFT OUT AND WHICH WOULD MAKE THE REPLY UNSUITABLE. THEREFORE, THE QUESTIONER SHOULD NOT BASE ANY DECISION ON THE ANSWER, BUT SHOULD CONFER WITH AN ATTORNEY IN PERSON AS SATTED ABOVE REGARDING THE SPECIFICS OF HIS OR HER CASE

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Posted

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 QUESTIONS. LAUREL SOLOMON PRACTICES ONLY IN THE STATE OF NORTH CAROLINA AND THIS RESPONSE DOES NOT CONSTITUTE LEGAL ADVICE AND DOES NOT CREATE AN ATTORNEY/ CLIENT RELATIONSHIP. RATHER, THE RESPONSE IS IN THE FORM OF LEGAL EDUCATION AND IS INTENDED TO PROVIDE GENERAL INFORMATION ABOUT THE MATTER IN QUESTION. EACH SITUATION IS FACT SPECIFIC, AND YOU SHOULD NOT RELY ON THE ANSWER TO THIS QUESTION IN MAKING ANY DECISION. YOU SHOULD CONSULT WITH A QUALIFIED ATTORNEY IN YOUR OWN JURISDICTION.

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