Legal Question in Family Law in North Carolina
Fault Divorce
If I have committed adultry and do not want to wait foe our one year seperation, Can I file now for an at fault divorce.
I know its not recommendee but I want this over. I have been unhappy for years and now I have to wait to start over for another year do to a BS law in this state.
1 Answer from Attorneys
Re: Fault Divorce
NO, there is no fault based divorce in North Carolina. We only offer divorce based on one-year separation (no fault) and incurable mental insanity (three year waiting period).
A divorce from bed and board can happen based on fault but this is merely a judicial separation and not an absolute divorce (meaning you are still married).
Your spouse can sue the person with whom you have had sex for criminal conversation and possibly, alienation of affections.
Don't be so inclined to share all these details - you are on thin ice.
See an attorney ASAP and protect your rights.
If you can't afford full service legal help, come see us at our virtual law office. A properly worded separation contract and/or Separation Agreement and Property Settlement can go a long way to helping you untie this gordian knot.
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