Separation is when you start living apart. That is when the “clock” starts. For this reason the second statement doesn’t apply.
I believe that this statement is attempting to place fault on one party or the other. Though NC is a no fault state, it can read in the papers that one party or the other “made the decision” to separate meaning, at least to me, that ultimately the divorce was their fault.
Separation for the purpose of divorce begins when you begin to live separate and apart and when one of you intends to be permanent. You do not have to communicate that intent to the other spouse. You need to swear in front of the court under oath as to the date that one of you intended for the separation to be permanent, no additional evidence is required unless the other spouse contests the date.
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
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If you contest the date of separation you could present evidence such as taking vacations together, dating, spending time with family members as a couple, any activities that would suggest the other party did not intend for the separation to be permanent.
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
If i were to go to court and swear in front of a judge that i have lived separate and apart from my so called spouse for a specific period of time, there will be no burdon of proof unless he contests the date? Wow, I have mail that he had changed his address from my home to his father’s house in another county. Can I use that as proof if he contests the date?
So long as one person swears that at the time of separation it was intended to be permanent the clock on the period of separation begins. The proof is the sworn affidavit of the parties, or other evidence you may present such as the address change. If the accounts surrounding the separation are conflicting the judge will decide which account he or she believes to be true.
Erin E. Clarey
Attorney with Rosen Law Firm
Raleigh Office
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 943.0044
Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Fact #4 in the online Absolute Divorce judgment states “That at the time the separation occurred, it was intended to be permanent”
Question is, what if the separation was originally to let the two individuals decide whether or not they wanted to be still married. Does the 1 year clock start at physical separation, or does it start when one person decides they cannot continue the marriage.
Furthermore, if the clock starts at the later (which could be six months into the physical separation), how does he/she “prove” the date the intent of the separation is permanent?