Can I File Now?


Dear no6cgc:

Greetings. Yes, you must start the clock over again from the LAST day of separation. Separation is not living in separate rooms but in separate residences. Not separate floors of the house, but at separate addresses. So, only when you moved out in June 2004 is your date of separation. You can file for divorce in June 2005. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607

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.


Wife left home and children: 6/01-9/01
Wife left home and children again three months later: 1/02-6/03
I moved up/lived in separate room/floor in house the day she moved back again: 6/03-6/04.
I moved out when last child graduated high school: 6/04.

Must we start the clock all over again for one-year separation before filing for divorce since we have not lived as man and wife for four years even though we shared a residence intermittenly.