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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 7416
Experience:  Experienced Family Law Attorney
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I have been married yrs and we have 2 grown son's, I

Customer Question

I have been married for 40 yrs and we have 2 grown son's, I recently found out that he's had a girlfriend and 4 kids over the age of 25 for over 32 yrs in another state, do I have to wait a year in the state of North Carolina before the divorce can become final
Submitted: 6 months ago.
Category: Family Law
Expert:  LegalGems replied 6 months ago.

I am very sorry to hear this;

unfortunately there is no exception to the 1 year period of separation that is required by statute:

http://www.lawhelpnc.org/resource/faqs-separation-and-divorce

However, one can separate and then proceed with divorce after 1 year; at that time one can petition the court for an equitable division of property, requesting reimbursement for any money spent during the marriage on the other parties. This is permitted because spouses owe one another a fiduciary duty re: assets - ie not to spend it in a manner contrary to the marriage. More information on that here:

http://dev.benchbook.sog.unc.edu/sites/benchbook.sog.unc.edu/files/pdf/Breach%20of%20Fiduciary%20Duty%20Claims%20-%20HC.pdf

One can proceed with a divorce from bed and board:

§ 50-7. Grounds for divorce from bed and board.

The court may grant divorces from bed and board on application of the party injured, made as by law provided, in the following cases if either party:

(1) Abandons his or her family.

(2) Maliciously turns the other out of doors.

(3) By cruel or barbarous treatment endangers the life of the other. In addition, the court may grant the victim of such treatment the remedies available under G.S. 50B-1, et seq.

(4) Offers such indignities to the person of the other as to render his or her condition intolerable and life burdensome.

(5) Becomes an excessive user of alcohol or drugs so as to render the condition of the other spouse intolerable and the life of that spouse burdensome.

(6) Commits adultery. (1871-2, c. 193, s. 36; Code, s. 1286; Rev., s. 1562; C.S., s. 1660; 1967, c. 1152, s. 7; 1971, c. 1185, s. 22; 1979, c. 561, s. 5; 1985, c. 574, ss. 1, 2.)

While that is a legal separation (versus divorce) it does allow the court to divide property now and to award spousal support

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  LegalGems replied 5 months ago.

I hope you had a chance to review the above information and that you are meeting with an attorney to help guide you through this trying time.

Thank you for using JA. I hope this all works out. Thank you.