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my sister lives in nc and was wondering if she got an order of protection from her husband can she use that to prove they have been seperated for a year so she can file for divorce in the state of north carolina when its almost been a year

2007-03-24 13:22:53 · 6 answers · asked by woodbammer_1 1 in Family & Relationships Marriage & Divorce

6 answers

According to North Carolina Statute 50-6, if you have been living apart for one year, you can file for no-fault divorce. If a restraining order has been in effect for one year, that would serve as proof.

2007-03-24 13:37:56 · answer #1 · answered by SDTerp 5 · 1 0

I do not know..BUT I would assume that the judge would say that an order of protection can be broken between parties...

She should just file for legal seperation

2007-03-24 13:38:28 · answer #2 · answered by giveu2tictacs 5 · 0 0

You do not have to prove that you have been separated for a year. (paper proof anyway). Even if you have had sex during that time.

You just need to be able to state and verify separate addresses.

2007-03-24 13:27:07 · answer #3 · answered by kishoti 5 · 0 0

Can't anyone testify for her?
Was it top-secret?
All she needs is an affidavit.
As for the restriction, it couldn't hurt if she truly needs it...
not just as a means to an end.

2007-03-24 13:28:46 · answer #4 · answered by Teri 4 · 0 0

She will need to talk to the courts where she lives. I would suggest moving to Vegas for 6 weeks. That's all it takes there. :)

2007-03-24 13:26:32 · answer #5 · answered by Brown-eyed girl 4 · 0 0

Yes and keep every receipt for anything that u have to pay for that both of u purchased etc...Good luck

2007-03-24 13:27:18 · answer #6 · answered by too4barbie 7 · 0 0

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