1 Year Seperation?

Forgot to add that during most of the time we have been married he has been a student, only a short time during which did he have a part time job.

There is no way around the one year separation requirement for filing absolute divorce. The divorce complaint clearly states that the spouses agree that there has been a separation of one year and one day. It is signed by both parties or the filing party. If the other spouse does not sign, the filing spouse must go before the court to testify that the date of separation is correct and that there are no issues left unresolved…
If the parties lie about the separation date, the divorce may not be legal…

Your spouse’s admitting to an affair would only affect alimony. It will not affect the separation requirement.

Thank you!

No, there is no way around the one year separation requirement.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780


The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

This may sound odd, but is there anyway around the one year separation where you live in two different residences? We have been separated in every way for over a year but due to economics have continued to live in the same apartment. Is there anything I can do to start the divorce papers?