Legal Question in Family Law in North Carolina

Husband and I separated march 30 2013. From the beginning oh January til March 1 2014 I moved back in with him and had a sexual relationship again with him. I am out now he wants to continue with the divorce and pretend we didnt live together for those 2 months during the separation. I dont want the divorce. Can I fight this in him. And if I do that us there anything ge can do to me?


Asked on 3/23/14, 5:07 am

1 Answer from Attorneys

Sure you can fight him on it. NC requires one year of continuous physically separation and during that time either one or both of you must have the intent not to resume the marital relationship. Generally, brief attempts to reconcile and / or isolated instances of sexually relations will not restart the year time period. However, living together as husband and wife for a period of two months would most likely restart the year period. But if he wants the divorce all fighting it will do is delay it for a while. You may have reasons for wanting to delay the divorce but ultimately if he wants the divorce he will get it when eligible and there is nothing you can do to legally prevent it. As to what he can do to you if you fight it - nothing legally however, you may request a contempt / perjury action against him if he allows a fraudulent divorce complaint to be filed.

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Answered on 3/23/14, 8:43 pm


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