Is My Divorce Valid?

North Carolina Divorce Law Divorce and Separation Answers
1

Dear destiny9899:

Greetings. You cannot backdate an agreement mutually. The time he was in Iraq would count if you were physically separated and if one of you had the intent that the separation be permanent. If you were not separated for one year actually, then you are probably not legitimately divorced from the first spouse. Good luck.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 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.

2

I was divorced from my XH in Dec 2005. I remarried again in June2006. I am now going through a divorce again.

My question though is that while talking to the local Magistrate about my separation, she told me that the time my XH served in Iraq does not count towards a legal separation. That time was counted when we dated and signed the papers for our seps agreement. We also backdated the agreement mutually.

Is my divorce valid? And is my current marriage valid for that matter?