False separation date


#1

My husband and I have been separated for a year and last week, he filed for divorce. There is another woman with whom he was having a documented affair, both before our separation and throughout it. She and her husband did not begin living under separate roofs until August, 2008.

In spite of only 7 months of separation, the woman’s husband filed for divorce last month and the papers appear to be going through. (The wife did not respond.)

Both the woman and my husband have expressed their anxiousness to marry one another.

Is there anything I can do to contest the girlfriend’s divorce based on the false separation date being presented to the court? If so, how would I proceed? If not, can I use this information to contest my own divorce? All parties reside in North Carolina and all allegations are documented.


#2

I do not know that there is anything that can be done about their divorce, but you should inform your stbx that if her divorce goes through it will not be valid and that she and her ex will be guilty of perjury. If they marry after this she will be guilty of bigamy. There’s a slight chance that it wouldn’t affect anyone involved, but there’s a bigger chance that it could and would come back to them eventually.

Hopefully, the attorney will respond to this one…I’ll be interested to see if there’s something that you could do…though it will not help your own situation…


#3

Your divorce has nothing to do with the other woman’s divorce, and the false date of separation contained therein will do nothing to impede your divorce from being finalized.
As for intervening in the other divorce, the statutes do not outline a procedure for a 3rd party’s intervention.


#4

Will a false date of separation nullify a Separation Agreement signed by the parties? Would they be liable to perjury charges (both lied, can this result in an action ordered by the judge?)


#5

A false date of separation could nullify a separation agreement if the parties thereto actually never separated and one of them attacks the validly of the agreement on that basis. There is no liability for perjury charges as a Separation Agreement is not filed with the court.