Since NC has a requirement to be separated (not sharing the same common household) for 12 months prior to filing for divorce, how does a person legally annotate the date they want the 12 month counter to commence?
The day you separated begins your calendar.
- The day you moved out of marital residence.
- If you had moved out, but reconciled for a period of time, then the NEW date would be when you mutually agreed to cease as spouses.
Is there any legal documentation required to show the date you vacated the residence? I guess what I’m asking is, if I was to leave my marital residence on 1 November 2013 and then on 1 November 2014, I go to file for divorce, how do I prove that I have been away from the residence for the previous 12 months? I would not want to rely on my spouse to verify that I’ve been away for a year, since she is going to be involved in the divorce in the first place. Do I need to establish another residence, have rental/lease agreement, file a change of address card, etc.
If you don’t rely on my spouse to verify that date and you think it can raise the problem.Than you must need some document that help you for supporting your case,As you have no other option for that because both of you are not agree on that date.
*** Not a lawyer ***
The requirement is usually stated as “1 year plus 1 day”, which would mean if you leave on Nov 1, 2013 you should wait until Nov 2, 2014 to file.
If the date of separation isn’t challenged, as far as I know the court just goes with it without asking for any proof. But if your spouse contests the date, then I’d assume the court would consider evidence. I don’t know what sort of evidence would be sufficient, although rental agreements, start dates for utilities at a new address, change-of-address cards, and so on would probably help. Sending a certified letter of some sort stating your intention that you are leaving as of Nov 1, 2013, with the intent to remain continuously separate and apart might help too.
If your spouse contests the date of separation, you may have to present evidence as to when you separated. If you do not have any physical evidence, you can use oral testimony to show the date of separation. If you have another person that can collaborate your testimony, that could also be beneficial. To clarify, you must wait a year and a day after separation to file for divorce.
Me and my ex are in agreement with a divorce. But she has no permanent address to show proof of leaving. If we need no prrof other than oral…what can we use as proof of separation, and what stops us from just lying and saying we have been separated for a year?
No proof is necessary except your word when filing the divorce complaint. You can be charged with perjury if you lie about the separation date.