International Separation/Bed and Board

Any help on this separation question would be helpful. Thanks.

Austrian courts will have jurisdiction over child custody because your daughter has been living there over six months.

North Carolina could however, have jurisdiction over divorce and/or divorce from bed and board.

Separation in NC is defined as physical separation with the intent to remain separate and apart, so it will be important as to when the intent was expressed for you to separate.

Lisa M. Angel
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, NC 27607
(919) 781-1741 direct voice
(919) 256-1660 direct fax
(919) 787-6668 main voice
(919) 787-6361 main fax

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

Thank you for that clarification on the separation.

If there is a separation and then reconciliation then the separation clock stops and a new one starts if there is yet another separation, correct?

My wife left left with our now 4 year old daughter in 2002 back to her native Austria.

In the meantime we reconciled yet I lived here and she lived there. I would visit several times a year and all was marital. We planned to find a common geography but could never agree.

She apparently got tired of this and sidewiped me in July with a sole custody motion in the Austrian Courts and refusing me access to my daughter until she gets sole custody. She also filed a bogus fault based divorce motion which I am confident will get thrown out.

My question is about separation. I recently filed a pro se divorce from bed and board to establish a separation date for July 2005, as that is when the marital relationship collapsed. We had even in June of 2005 submitted a Green Card application for her. Will this July date be used as the separation date? Since we reconciled since their departure in 2002?