Legal Question in Family Law in North Carolina

My mother is totally disabled. She is 70 yrs.old ,confined to a wheelchair,and requires full time care. She is married to a man who is neglecting her and has nearly let her die a couple of times now. She is in the hospital now due to his neglect. I just learned that he goes to bed and leaves her sitting in the wheel chair all night because she is unable to get herself in the bed.They have been married approx. 15yrs. My mother does not wish to leave their rented home but has no way to support herself. He also does not want to leave.What are her options to get out of his marriage?

Asked on 3/14/11, 5:47 pm

1 Answer from Attorneys

Diane Littlejohn Littlejohn Law Office

Generally, in North Carolina, to get a divorce, the parties must live separate and apart for at least a year with the intention to end the marriage. By living separate and apart, one of the parties must physically move from the marital home. Generally, a divorce action cannot be started without satisfying this requirement.

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Answered on 3/17/11, 11:37 am

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