For a DBB if the judge rules against the defendant and does not evict the spouse does the date of granting the DBB start the year timeline even if they are technically cohabitating?
Additionally what are the determinations taken into account when the judge decides to evict or not evict the offending spouse.
No, the date of separation does not start until the date that one spouse moves out and the spouse are living in two separate residences.
A judge will consider many factors, including the types of fault grounds at issue in the particular case, the egregiousness of them, and whether there are any domestic violence concerns.
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.
So even if she is ruled against and the DBB is awarded to me I still have to draft up a separation order? If she is not evicted (on DBB grounds)what would keep her from just staying there and not allowing me to eventually file for divorce?
Also I thought that she doesn’t get post separation support if DBB awarded to me?
If a judge does not order a spouse to leave the marital residence, then the spouse could stay in the home, but a separation would not occur for absolute divorce purposes until the spouses are residing in two different residences. You will need to ask the judge in a divorce from bed and board trial that the relief you are requesting includes that the spouse be ordered to leave the home.
You do not need a court order or other document to separate.
If you are granted a divorce from bed and board, the other spouse could still receive postseparation support but it’s not likely that he/she would receive alimony. This is because postseparation support does not consider marital misconduct/fault grounds like divorce from bed and board and alimony do.
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.