Date of Separation issue


#1

I believe if you live in an apartment that is totally separate and you are each paying your expenses that you would be considered to be living separate and apart. However, is there some specific reason you must do it this way and you cannot obtain a separate apartment.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044

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.


#2

Thanks for your response. It had to do with both being there in close proximity for teenage children and especially to maintain some sense of stability (proximity) for a graduating high school senior. The bills for both places were paid by the supporting spouse as part of PSS; absolute financial disentanglement did no happen for several months, however, meaning that both spouses continued to share a bank account as part of PSS. The supporting spouse moved across country about a year later. Six months after that, the divorce was finalized.

Please let me know if there is a chance that living in separate domiciles on the same property could void the absolute divorce. That would be terrible!!

tonbon1111


#3

If the divorce has already been granted it means that neither if you contested the separation. I don’t think you have anything to worry about.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044

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

Thanks!!

tonbon1111


#5

Hello, one more question:

If a couple files legal separation papers in NC, do they absolutely have to live on separate properties or land parcels during the year before their divorce? In other words, can one live in an apartment connected to the house (i.e. a basement apartment) while the other lives in the house? The apartment would be stand-alone with bathroom and kitchen, separate entrance, totally separate.

If not and the absolute divorce has been granted, can either spouse come back later and say the divorce should be void and try to start the process over again because the year separation was technically not on a separate parcel of land?

Thank you.