Contesting Divorce


#1

Dear Michael:

When you file your divorce Complaint you will put in the date that you moved out of the marital residence and intended to live separate and apart from your spouse. From what you are saying it is possible that she will file an Answer denying that is the actual date that you separated. If that happens, I would suggest calling the friend that you lived with as a witness. He or she can testify as to when you moved in with him or her.

It may also be that your spouse doesn’t understand that the term “date of separation” refers to when one spouse leaves the marital residence and intends on living separate and apart from then on. It is a common misconception that a couple is not “legally separated” until they sign a Separation Agreement.

Robin F. Verhoeven
Attorney at Law
Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCdivorce.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

My wife and i seperated in march of last year. in the speration papers i pay her healthcare, car insurance, and some other items “untill absolute divorce”.
I informed her that our seperation was almost up and i intended on filing for the divorce. She stated she would not agree to the dates, I lived with a friend from march till july then got an apartment. What is the recoruse I have if i file for the divorce and she lies about the date of actual seperation? (she is tring to go by the date we signed the legal seperation papers which is in aug of last year)

Thanks!