Greetings. The date of separation is the date that they both stopped living together and one of them intended the separation to be permanent. I would say that the last day they lived together is the date of separation.
In order to get divorced in NC, you only need to file for the divorce one year and one day after the date of separation. She does not need to sign any papers, since he can serve her by Sheriff.
Now, when dealing with child support and child custody, first, I would have your son ask for a blood test. Next, I would tell him to start negotiating the arrangements with her now. Almost everyone says they will not sign any papers…that is until they realize the benefits and detriments if they don’t sign. Hoping your son stays safe in the military and you stay happy, healthy, and wise dealing with his issues for him while he is away (or even when he is here it seems).
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 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.