Legal Question in Family Law in North Carolina

Very simple question. Not to get into much background but me and my wife are separating/divorcing. She wants to get a divorce as soon as possible meaning she doesn't want to wait a year to file. She wants me to lie about how long we been separated and in fact, we are not separated yet. we are in the process of selling our house which should be finalized within the next few weeks. I am pretty clear on the divorce laws of NC. I understand you have to be separated 1 yr. I don't plan to lie for her but what could happen if I do lie and the state finds out we haven't been separated the required amount of time?

Asked on 10/17/18, 3:12 pm

1 Answer from Attorneys

Amanda Houser The Houser Law Firm, P.C.

Very simple answer. You could be prosecuted for various crimes up to and including felony perjury or aiding & abetting felony perjury (which is essentially the same thing). If that happens and you are convicted, your life as you know it is over (unless you are already a felon - then hey, another one is likely no big deal). There is no way to legally divorce in NC without at least one year of separation. Alternatives to going along with her incredible foolish idea are: 1) If you really wanna be vindictive you can let her file her fraudulent divorce complaint and then rat her out or 2) If you or your wife have an extra 6 to 8 weeks and an extra 6 to 8 grand, you can always travel to sunny Guam and legally divorce there without waiting the year.

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Answered on 10/17/18, 5:03 pm

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