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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 99492
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Greetings,Seeking a divorce of 12 years marriage that is

Customer Question

Seeking a divorce of 12 years marriage that is not working for myself.No children,not looking for anything other than my pension and a small amount of marital belongings.Wife has no clue as of this time I want out of the marriage.Owe a mortgage,some credit card debt which I accept as my responsibility and a vehicle loan.I am 71 she is 67.She owes a student debt I have grown tired of paying.My pension is $2500 per month she works as a private nanny for around $250 per week.She has social security of around $600 per month.Separation agreement would entail my pension retained,my tools and personal belongs.Not interested in furniture or any other household belongs.What would the grounds be for a divorce and legal separation first?. No other person involved with either of us as far as I know.Please advise as to your thoughts.We reside in Hayesville,nc.
Submitted: 6 months ago.
Category: Family Law
Expert:  Ely replied 6 months ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. I am sorry to hear about this situation. There are only two grounds that NC recognizes for divorce: 1) Living separate and apart for one year, or2) Incurable insanity. Needless to say, the first one is the one that the vast majority of couples use.There is no mandate to be separated formally via the court for any length of time - simply living apart for 6+ months satisfies the requirement. I am not sure if you mean you want to discuss division of assets. If so, please reply and let me know. Thanks. I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
Customer: replied 6 months ago.
Is it my understanding before we set sail in another direction from our marriage we need to be living apart for 6 months or longer?
Expert:  Ely replied 6 months ago.
J, Apologies, did I say 6+ months? I meant a year. You must be physically separated and not living together for one full, uninterrupted year prior to filing for divorce.Ergo: "Is it my understanding before we set sail in another direction from our marriage we need to be living apart for 6 months or longer?" Yes, but a year or more, not 6+ months. Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

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