Length of Separation

I have a few questions. I have been absent, off and on for years. If I can obtain paperwork from USPS stating that I officially changed my address 8 months ago, will this be credited to the necessary year of separation. I have not yet filed legal paperwork but would love a speedy divorce. We own nothing so it would be “no contest”. Any advice is greatly appreciated.

For absolute divorce purposes, the one year of separation starts when both spouses begin to have two separate residences (typically this happens when one of the spouses moves out of the marital residence). A change of address is irrelevant because the law requires that the husband and wife be physically separated and living into two separate residences. This is proven by your sworn testimony in court. If your spouse contests the date of separation, then proof of a change of address could strengthen your argument as to the correct date of separation.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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