Date of separation in divorce papers

You cannot FILE the divorce before one year and one day has passed. However, if your Husband has filed in Virginia the law may be different there. If your Husband has filed in North Carolina he will need to dismiss his complaint and refile it.

Helena M. Nevicosi
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

10925 David Taylor Drive, Suite 100
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


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.

Recently my husband filed for divorce in VA and listed our date of separation as two weeks before we actually signed our separation agreement. The agreement was signed March 30, 2006 when we separated, he listed March 13. Had his attorney file on March 22. According to his attorney, the date won’t matter because by the time we divorce the one year would have been met. We have already settled our property issues and custody issues. Now VA has no jurisdiction over equitable distribution or custody, so should I file for that here just so I will have that in our divorce decree. His lawyer said that he could not incorporate it into the divorce decree since VA has no jurisdiction. The forms I have to sign are the waiver and acceptance of service to get an absolute divorce which means that I am not contesting the divorce. I really want this divorce and since we resolved everything ourselves, what is the best way to handle this. Should I sign the papers based on his attorney telling me that the date wouldn’t matter, it has been a year, but the date listed on the documents are wrong? If I sign how can I make sure that he is going to stick to the agreement with custody, child support and property, and the bills?