Has he lost 6 months of separation in a absolute divorce


#1

My brother and his wife live in NC and are in the process of getting a divorce. They have lived in separate residences for the last 6 months, about 3 weeks ago he moved back into the house because they were having trouble with one of the kids. My question is. . .Has he just lost those 6 months of separation for an Absolute divorce or will he have to start the year over? I’m not sure how long he is staying and they have separate bedrooms at the house.


#2

Separate bedrooms in the same house is not enough to count as separation in NC. Unless they have reconciled and resumed living together as husband and wife, they are still separated. It depends upon the nature of their relationship, but if the wife challenged his separation period then she could make the argument that they have since reconciled. It would be a fact-specific inquiry by the court if the wife challenged the separation date.