She left August 28, 2022. We’ve lived in separate residences since then with everything separate…finances, residences and etc. Our intention was to work on our marriage and reconcile, with me moving back in with her in July 2023. We had a major disagreement in April 2023 and I decided not to move in with her and have remained separated. I want a divorce now.
But, I was told by an attorney that since I spent weekends at her house from January to April, she can possibly dispute our actually separation date? She has threatened to dispute it as well. The attorney’s advice was to wait until April 2024 to file for divorce?
Is this correct that she will have grounds to dispute our separation date?
Based on the information you’ve provided I agree that the date of separation is in April 2023.
In order to be separated, two things must be true: (1) you must live separately and apart AND (2) at least one of the parties must have separated with the intent to remain permanently separate in apart.
In August 2022, you satisfied the first requirement in that you were living in separate residences, but it was not with the intent to remain permanently separate and apart.
It sounds like you did not form the intent to remain permanently separate and apart until April 2023, at which point you then satisfy the second requirement.
It is correct that your wife (or either party) can contest the date of separation.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Thank you Anna for your response.