Can I dispute separation?


#1

If I understand this correctly, in Aug 2006 you and your wife decided that it was in the best interest of your marriage for you to move to Indiana? But was not intended as a separation that would result in divorce?
If that’s the case, then I’m not certain about disputing the actual separation…would need an attorney to answer that for certain.

NC is a no fault state. The only reasons divorces are granted is living separate and apart for one year and one day or incurable insanity. Marital fault has little to do with divorce in NC other than affecting alimony, and occasionally child custody. There also does not have to be a signed separation agreement to be considered separated, but I believe that the intention must be clear to each party if it is for eventual divorce. This may just be a technicality though…


#2

The other question would be whether the resultant delay (and increased costs, legal and otherwise) would be worth it, even if you were successful.

At most, you can only delay the divorce, you cannot prevent it forever.


#3

It’s a situation where neither of us has ceased cohabitation, my home and permanent address is still in NC- she just wants me not to come home and consider it a separation. I’m unclear if that can stand as separation- her telling me not to come home.


#4

If you have not been living separate then you have not been separated and if she does file for absolute divorce based on false information it could negate the divorce.
I am inclined to agree with Golfball though…if your spouse is seeking absolute divorce then you can only delay the process, not stop it. But if you have not been separated then legally a divorce could not be granted…


#5

I think one line of questions to pursue, though, would be whether OP & OP’s spouse have visited each other, and spent the night under the same roof. Then one could argue that the date of that visit was the date of separation (assuming OP’s spouse had not already delivered notice of intent to separate). If there aren’t any visits, though, IMNSHO, you’ve been living separately.

Whether this would be worthwhile to pursue or not, though…

At best, OP can only delay things, not put them off entirely if the spouse perseveres.


#6

I am seeking guidance concerning divorce and marital separation. My wife is seeking an absolute divorce and claiming separation from me, however we have not moved apart or ceased cohabitation with the intention of ending our marriage. We are both graduate students, she at a school in NC and I am in Indiana. I moved to indiana in August of last year, but this was in no way intended as a separation, this was a mutual decision about our marriage. Neither of us has moved since, and and her name is on my lease in Indiana. She has not given me any reasons for pursuing a divorce, and has simply abandoned our marriage.

I would like to know what options I have available, and if I can contest her claim of separation and/or an absolute divorce under the laws of North Carolina. If she files for an absolute divorce, can I contest it and make her prove fault on my part? I’m not trying to get back at her, I just want to know my options under the law. Thank you!