incarceration

[ensanity]

my husband recently got incarcerated. there has been at one time a 50-B against him in our home town for physical and emotional abuse. we have not been separated a year but would like to know that under the circumstances could i get a divorce. there are threats reported in court documents on the 50-B about the abuse. could someone please tell me if i would be able to get the divorce without being separated a year due to the abusive relationship.

Originally Posted by ensanity my husband recently got incarcerated. there has been at one time a 50-B against him in our home town for physical and emotional abuse. we have not been separated a year but would like to know that under the circumstances could i get a divorce. there are threats reported in court documents on the 50-B about the abuse. could someone please tell me if i would be able to get the divorce without being separated a year due to the abusive relationship.

"Abandonment is another ground for divorce. This usually requires the passage of a certain amount of time. If the spouse leaves and does not return in the allotted amount of time, then the remaining partner has grounds to file for divorce. Likewise, if the other party is imprisoned for a certain period of time, this same thing applies. A person should not be required to remain tied down to someone who is not there. "

You can and should seek out papers from your state magistrate. Some states allow it, some do not. North Carolina were I'm licensed does allow this, it will take a bit but it has a high probability of success.