Can I file for divorce without being separated for a year?
I am leaving my wife and want to file for divorce ASAP. Do i have to wait a year before that can happen in NC?
If you want what is known as a no-fault divorce in North Carolina then yes, you need to live separate and apart for one year. But if you want to list a fault ground as a ground for divorce then no, you do not.
Fault Based Grounds in North Carolina are based upon a spouse committing one of the following acts: (1) Abandonment, (2) Maliciously turns the other out of doors, (3) By cruel or barbarous treatment endangers the life of the other, (4) Offers such indignities to the person of the other as to render his or her condition intolerable and life burdensome, (5) Alcohol and drug abuse or (6) Adultery.
You should also make sure that you meet the residency requirements that may be in place for North Carolina that would allow you to file in the first place. Seek legal help in all of this.