One Year Separation


#1

Dear l8084y:

Greetings. No, there is no way to avoid the one year separation requirement for divorce in NC. The one year clock does not start until your spouse, or you, move out. Thank you.

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

ROSENDIVORCE.COM

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

Ms. Fritts, Thank you for your response. My spouse has obtained a job out of state and will be moving out of home. If spouse comes back to NC to visit child and spends the night in the home does this stop the clock from ticking for the 1 yr separation?

Thank you.


#3

Dear l8084y:

Greetings. First, no, him staying to visit with the child would not stop the one year separation period, unless you resume the marital relationship. That means more than just sex though - it is a resumption of the marital relationship in its fullest sense. Thank you.

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

ROSENDIVORCE.COM

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.


#4

Is there any way to avoid the one year separation requirement in NC in order to proceed with divorce filing. Spouse is currently unemployed with no money or place to move to. My concern is that the one year clock will not start until spouse moves out. Please advice. Thanks.