Legal Question in Family Law in North Carolina
If a man and woman are seperated but not divorced yet and the man does not want the divorce and she does. Can she still be granted one? Also if she is telling him he will is never aloud to see there dogs ever again is that legal? Thank you
1 Answer from Attorneys
Yes. NC is a no-fault state. What this means is that if your wife has lived here at least 6 months and you and she have been separated for 1 year, she can get a divorce and there is not a darn thing you can do about it.
Regarding the dog, a dog is not like a child. Who owns the dog? I suppose that the dog, like the other marital property can be divided in equitable distribution. That can be done either before the divorce during the separation period or at the same time as the divorce. If it is not done, then its waived. I have never heard of visitation with a dog, but consult a family law attorney as to whether the courts will allow this. If not, then ask for the dog in equitable distribution.