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.
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
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Raleigh, North Carolina 27607
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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?