I got married in July 2012, moved in with wife and mom in Sept. '12 was asked to leave in Aug. 2013. In Oct. 2013 wife filed for divorce, in which the papers stated we were seperated on Sept. 30, 2012 (which is very untrue) and of course she signed it as being true. I’ve recently (June 30,'14) just received these papers via some pirvate detective in her family. From my understanding I thought a couple had to be seperated for one year to get divorce, which I’m not seeking otherwise. How can I contest that the papers are falsified and do I need a lawyer for this matter?
You do have to be separated for one year before a party can file for divorce in North Carolina. If your spouse has forged your signature, she could face liability for the crime of forgery. See NCGS 14-119 for a complete understanding of the crime of forgery. If you want to contest this date of separation you would need to be able to provide proof that you were not physically separated by the time she claims you were. If she actually filed for divorce you should have been served, which would have allowed you the opportunity to appear in court and contest the date of separation.
Thanks so very much for your time and info. I wasn’t given anything to sign, just served the papers and informed to contact John Walker within 30 days and agree that what she swore to was acutally correct. I do have witnesses that will attest to the acutal date I moved out.