Can I File Now?


#1

Dear no6cgc:

Greetings. Yes, you must wait the one year from June 2004 to file for divorce. You can deal with the issues of equitable distribution, alimony, etc. in a separation agreement now though. Smooth sailing.

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


#2

Even though I have to wait until June 2005 to file for divorce, now that we have permanent separate residences, is this considered a LEGAL separation?


#3

Dear no6cgc:

Yes, once you both are living in separate residences and one of you intends it to be permanent - then it is a LEGAL separation. Best of luck.

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


#4

Wife left home/children: June-September 2001
Wife left home/children again: January 2002-June 2003
I moved up to separate room/floor in house when she returned June 2003.
I moved out with youngest child when she graduated high school (she is now away in college) June 2004.

Must I wait the full one-year again to file for divorce even though spouse and I have not lived as man and wife although due to her return, did share a residence.