Fayetteville, NC asked in Divorce for North Carolina

Q: My spouse filed a DBB against me.We have been physically separated for 1 year and 4 mo. Can I file an absolute divorce?

I moved out July 27 of 2019, I have paid for everything at the house and paid her monthly for our son. I would like to know if I can essentially counter file against her for absolute divorce instead of the DBB, as far as I understand it a DBB gives us another year of legal separation where I have to pay her spousal support and alimony and would push back our absolute divorced by a year.

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1 Lawyer Answer
Melissa Averett
Melissa Averett
  • Chapel Hill, NC
  • Licensed in North Carolina

A: Divorce from Bed and board in no way tolls the one year separation for eligibility for divorce. You can absolutely countersue for an absolute divorce and schedule it as soon as legally possible. But more importantly what you need to do is consult with an attorney in your area regarding your options.

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