Clarification on Date of Separation


#1

Date of separation is the date you stop physically living together. The separation agreement is not a necessity, and it only specifies what the parties agree to, not the date they separated.


#2

Yes the date when you left but one thing I will ask you did you leave on your own or where you thrown out? big difference in this if you were this can be used in court read it in this site it will tell you.
Good luck to you


#3

Dear oldmarchresident:

Greetings. First, what is a “madrid” of information - I have never heard that before and my vocabulary is usually pretty large…going to the dictionary now. LOL

The date of separation is June 1, 2005. The date of separation in NC is the date that either of the spouses stop living together and one of the spouses intended it to be permanent. Now, if you have signed a separation agreement with a different date of separation in the agreement, then you are likely going to have to use that date in your divorce complaint, since you already notarized that document, stipulating to the date of separation. If your separation agreement is silent as to the date of separation, then you use the actual date. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

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

As I’m reading the madrid of information on your website, I am getting confused over the formal definition of date of separation. Specific to my situation, I and my 2 children left our maritial residence (after being asked to leave) on June 1, 2005; however, separation papers were not physically signed until October 3, 2005. Based on this scenario, which date is considered the date of separation, meaning did the “1 year clock” start ticking in June or October? Thanks for your assistance…

Winona G. Robertson