Seperation

[cherubs44]

My mom is trying to get a divorce from her husband who has been in prison for a year and a half on the charges of child malestation. He has been sent to prison for over 20 years. She considered divorce before but never decided on it until October of this year. She has been to court and everything for this. Her lawyer did not brief her on the fact that she had to be seperated for a year in NC to get a divorce. Well in my opinion she has been seperated for over a year, however, she didn't decide on the divorce until recently so they say it didn't count. I'm just wondering if there is anyway she can get around having to wait another year to divorce him of this. There is no chance of them getting back together. He is in prison for a long time and she just wants to move on with her life. Is there anything she can do.

A concerned daughter.

 

[dorenephilpot]

My guess is that there is a one-year waiting period from the date of filing of the petition, not a requirement that they be apart a year before the court would grant a divorce.

If it's a legal requirement, she cannot get out of it just because she wants it to happen faster.