Legal Question in Family Law in North Carolina

Me and my ex have been separated and living apart for 9 months. But 6 month ago he forced himself on me in MY home. He is now claiming that i slept with him willingly even though i didnt. I didnt call the cops cause honestly since we are still married i figured they would just laugh at me. In NC we have to be separated for a year. He is telling me that by me "sleeping with him willingly" that our one year started over at that point and that i will have to wait till then instead of filing in 3 months. I want this divorce over with. Please help, any advice would help.


Asked on 5/04/11, 2:44 pm

1 Answer from Attorneys
Diane Littlejohn Littlejohn Law Office

In NC, generally isolated incidents of sexual conduct with your spouse will not make the 1 year separation requirement start over. However, a reconciliation will.

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Answered on 5/04/11, 3:16 pm


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