Dear chosen_advocate:
The date of separation in North Carolina is the date that either party is living separately and intends not to return. If she has sent e-mails that she does not want him to come back, etc. That would be the date of separation. He should NOT go back home, unless they decide to reconcile. Best of luck (and tell him Thank you for all his work for me!)
Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668
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 but a full discussion with an attorney should be undertaken before taking any action.
So does this also mean that if he never intended to return home that the year of separation would be completed? Or does he have to wait until a year after (SHE) sent the email? Because there have been many others before that. I spoke to him after reading your reply, and he said that it will be a full year on about the 20th of February. He wants to know if he can go ahead and file for the divorce when he returns? All information will be appreciated. He also said thanks for the words of encouragement 
Thank you,
quote:
Originally posted by JanetFritts
Dear chosen_advocate:
The date of separation in North Carolina is the date that either party is living separately and intends not to return. If she has sent e-mails that she does not want him to come back, etc. That would be the date of separation. He should NOT go back home, unless they decide to reconcile. Best of luck (and tell him Thank you for all his work for me!)
Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668
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 but a full discussion with an attorney should be undertaken before taking any action.
Chosen Advocate
Dear Chosen_Advocate:
Greetings. He can file for divorce on February 21, 2004, as long as he can sign a verification in front of a notary where he is and mail it to our office. Best of luck!
Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668
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 but a full discussion with an attorney should be undertaken before taking any action.
I’ve tried to ask this question. But maybe I didn’t expalain the situation well enough. My has cousin has been deployed for almost a year, he’s about to return. He doesn’t want to go back home to his wife due to “allienation of affection” before this deployment and before. Would this time that he’s been gone count as approaching the year of separation even if one hasn’t been filed legally (which is what he planned to do before being deployed)? If he only returns to get his clothing and other personal items that he has while continuing to pay the bills until he can file, how will this affect him legally. I need your help please, he may be returning in a week and he doesn’t know what to do. He knows that he doesn’t want to go back there. But he doesn’t want to be sued for abandonement even though he plans to pay the bills until she returns to the state that she’s from like she says. PLEASE HELP…
Chosen Advocate