Falsified Complaint

My husband and I are still living in the same house. I have acquired an apartment 2 weeks ago but I have not moved in yet, nor have I changed my address. In October, he filed a Complaint for Divorce, stating that we have been separated for 2 years. He used my work address to send this document to me. I filed the paperwork for an extension and this week, on the day it was due, I submitted my answer. I pointed out, several times that we have not separated and that we reside at the same residence. I included a separation agreement detailing what I feel is more than fair terms for everything, equitable distribution, custody, etc. Is there any way that this will go through as a divorce? He keeps pointing out that we don’t sleep in the same bed and don’t have a physical relationship. I want a divorce but I refuse to commit perjury in order to do that! Thanks for any advice you can give.

If and when your husband sets the absolute divorce for a court date, the judge will see in your answer that you are denying his allegations and will likely deny the absolute divorce. You should appear at the court date with any evidence you have in order to ensure that your absolute divorce is valid at the proper time after one-year separation.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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