Deployment Separation?


#1

I know that North Carolina law states you have to be legally separated for 12mons and one day before you can file for divorce… I told my husband In march of 2012 that I wanted a divorce however he is active duty military and he has been deployed sence Dec 2011. Seeing how I have been living with my parents while he has been deployed and I made it know i wanted the divorce in march does this go toward the 12 month separation or do I have to wait til hes back in the states? Also he comes home in a week and my parents are forcing me to move back in with him. I have no money to get an apartment or a friend I can stay with what can I do so I dont have to wait another year?


#2

Separation is calculated based on when you formed the intent to remain separate and apart, which in your scenario sounds like occurred in March, 2012.

I have heard of cases where parties have resumed living together after their initial separation and a judge granted a divorce, but that is left to the discretion of the judge and is based on the specific facts of the case. Even though there are no guarantees, the best possibility for having your divorce granted based on the initial separation date would be to not move back in with your spouse.