Kinston, NC asked in Divorce for North Carolina

Q: How long do I have to wait to file for divorce after being granted a restraining order for domestic violence

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1 Lawyer Answer
Amanda Bowden Johnson
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  • Jacksonville, NC
  • Licensed in North Carolina

A: North Carolina is a no fault state so the restraining order has zero to do with your divorce. You and your spouse will both be eligible to file for divorce fro the other when: 1) you have been physically separated (not living together) for at least one year and with at least one of you having the intention not to resume the marital relationship and 2) one of you must have been a resident of NC for at least 6 months prior to filing. Also, there is no such thing as a 'legal separation' in NC - you are simply either separated or you are not.

Brian Lehman agrees with this answer

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