Is there a seperation Waiver?

North Carolina Divorce Law Divorce and Separation Answers
#1

Good Evening, my name Nichols Passmore and I just PCs.d here to MCAS cherry point last August. My wife and were married before from march 2001 to may 2007. We divorced for a yr and decided to try again. We have been back together since 2008, I was deployed a good amount after we got.married again for the 2nd time. Our marriage was deteriating then but I got orders over to NC and we both tried to push thru, did counsoling, nothing worked. So it has come down to we are better off being friends and be good parents for our two children. When I got divorced in Hawaii it took 2 months for it to be final, I was told there is a yr seperation time requirment here, I was wondering if that can be waived if it is a second marriage.to the same woman. We both know what we want and how everything is going to.work, but for one yr seperation during these economical hard times its going to be almost impossible for her to get her own place or me. I have a mortgage to pay plus other bills and so does she.

I guess im asking can the one yr seperation be waived so we can just do the
Thank you for your time.

V/R
Nicholas Passmore

#2

** not an attorney

no, there’s no “legal” way to avoid the 1 year of separation…that waiting period is so completely wrong and outdated – the government has no right to tell anyone they HAVE to stay married. Especially when laws in each state are different, and I didn’t sign up and get married in this dumb-ass state!

That being said, if you are both want to avoid the 1 year waiting period, then all you have to do is put an earlier date on your separation agreement that you will be signing and notorizing that xxxx was the date of separation. There is no proof of separate residency required, only the written date which you both need to agree to.

This only works when both of you are on the same page and just want it to be over.

#3

No. You must be separated for a year and a day before you can file for divorce.

#4

Do u have to have a legal separation on file or can u put the date on the divorce forms? We have been separate for over a year but never did legal separation paperwork. Can we still count the years separated?

#5

You don’t need a separation agreement. As long as you separated with the intent to permanently live separate and apart, then it counts for divorce purposes.