Legal Question in Family Law in North Carolina

I have been married for only 3 months to someone who is in prison. We have both agreed to divorce and he will sign papers. We have never lived together and share no assets or children. Because we have technically always been physically separated, can I go ahead and file for divorce now after only 3 months? If so, what date would I use on the forms as far as separation goes? We were married on 12/20/12. I am in NC and he is in KY. Thanks!


Asked on 4/04/13, 1:48 pm

1 Answer from Attorneys
Rachel Hunter

The separation due to circumstances does not count. You have to live separate and apart for 1 year with the intent NOT to be married and to be together as husband and wife. I don't know if any grounds for annulment of the marriage exist here, but since the marriage was not consummated, maybe that may be a way out. Consult with a family law attorney. If the grounds for annulment exist, you will probably need an attorney. If they don't you will have to wait for one year and can then file in Wake County using the pro se divorce packet.

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Answered on 4/04/13, 8:58 pm


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