What doI have to do to get a divorce?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What doI have to do to get a divorce?
I have been separated from my husband for 8 months. What kind of separtion papers do I need to have to get a divorce? We live in NC.
Asked on January 2, 2012 under Family Law, North Carolina
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am so sorry for your situation. The state of North Carolina recognizes a legal separation agreement as an aveue toward divorce. You need to be legally separated for one year and one day to convert the agreement to a divorce. Now, North Carolina recognizes the date of legal separatin as the day you had separate residences. I would consult with an attorney about drafting an agreement that discusses the particulars such as asset distribution, etc. and see if you can name the date of separation as the 8 months prior so you do not lose the time. If the law does not allow that then you need to file for divorce. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.