Q: Can I file for divorce if, while we were separated he had a sexual relationship and now has a child by this young lady?
Am I able to receive alimony?
A: NC is a no fault state, what he did while separated or otherwise is irrelevant to divorce - in other words, you do not need 'grounds for a divorce' in NC. If you either of you meet the eligibility requirements, you are both entitled to a divorce and there isn't squat all either of you could legally do to prevent it. In NC, you need one year of physical separation (not living together in the same residence) AND one of you must have resided in NC for the 6 months prior to filing for divorce. As to alimony, you may have a claim for that, you would need to consult with a local family law attorney. Best of luck!
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