Absolute Divorce Seperation issue


#1

My wife and I are looking to get an absolute divorce. We had lived apart longer then a year but due to the economy she needed a new place to live and moved back in to my home as a roommate only and that has been it. We want to know if we can still file seeing we were already apart well over a year or do we have to move apart again for another year. There is no argument over property and no children involved. We learned we were better friends then a couple. We have had our own bank accounts/cars/phones etc for a couple years now.


#2

Under North Carolina law a husband and wife must live in separate residences for a year before filing for divorce. Living together in the same home, even in separate bedrooms in a roommate-type relationship does not meet the standard for separation in this state. You may not file for divorce until you have lived in separate residences for one year and one day.


#3

We had lived apart for over a year. Different houses even. only because of financial problems I allowed her to move back in as a roommate.
Can we still file now or do we have to live in separate houses again for another year and one day.


#4

If you resumed cohabitation, even in a roommate type situation, you must wait another year prior to filing for divorce.