I learned last week and my spouse admited to adultery. As a result, we have decided to separate and I will be moving out in the next few weeks. I understand there is a 1 year waiting period from date of separation before the divorce can be finalized. I’m curious if there is any way to avoid the 1 year period. Also, what would be considered the date of separation - is it the day we decide to separate, the day I move out, or the date I have separation papers drawn up?
Also, in regards to division of assets/liabilities, if we have agreed to certain terms, will that hold up in court or will the court re-evaluate and make a determination? I understand NC is an equitable distribution state. In regards to assets/liabilities, my husband and I have a house, 3 cars, credit card debt in both names as well as student loans in his name, and I have a 401k through work in my name. With the divorce, can I keep my 401k out of the divorce or is he entitled to part of it? We’ve been married 5 years - living together for 11. He recently finished nursing school while we were married so his income has increased as a result.