Crumpler, NC asked in Divorce, Domestic Violence and Family Law for North Carolina

Q: My Ex has recently been arrested & I'm wanting to divorce him but it hasn't been a complete year yet can i say it has?

I have a past with him with domestic violence and he cheated on me all the time I finally found a amazing man that treats me the way a women should be treated......

Could I divorce in any faster even though it's not been a complete year but it's been a little over six months as of right now.

I really want to divorce him a lot faster and I have text from him saying he's wanting a divorce as well but I'm afraid he's going to say no whenever I tried to divorce him could I possibly use this text against him and do you have any other comments about these questions I've asked? Thank you so much for your time and your consideration.

2 Lawyer Answers
Amanda Bowden Johnson
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  • Criminal Law Lawyer
  • Jacksonville, NC
  • Licensed in North Carolina

A: You are essentially asking if you can lie to the court. The answer to that is - yes, you can. However, if you do and get caught it is potentially a felony and you may end up being with your husband in jail. There is no legal way around the one year separation requirement in North Carolina. However, there is usually more than one way to skin a cat and there is with your situation - you could try other jurisdictions. For example, if you have 6 to 8 weeks to spare and 6 to 8 grand, you can travel to sunny Guam and legally divorce there without waiting the one year required by North Carolina. Best of luck.

David Allan King
David Allan King
  • Raleigh, NC
  • Licensed in North Carolina

A: It is very common but not recommended.

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