My husband and I have been separated for over a year and about to submit a divorce. Since he is in the military and currently stationed overseas, when he comes back we plan for him to stay overnight in the family home a few days before moving to his apartment, in order to help our daughter adjust to the change. He already rented an apartment, we do not intend to reconcile. Does staying overnight affect in any way the one year separation period in this case?
No, staying overnight in the situation you described does not reset the one-year separation requirement as long as it is for a short finite period of time and there is no resumption of the marital relationship and marital duties.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.
Thank you for your response. What would be considered “a short period of time”? I am trying to decide a time frame that allows my daughter to adjust while also keeping our boundaries in place. Could he stay perhaps 2-3 weeks? He has been stationed overseas for a year.
Also, during our separation, while he was residing on a local apartment, we agreed for him to stay overnight in the family home one day of the week, usually fridays, so our daughter could still enjoy time as a family, and we could attend church the next day. Then she would spend the rest of the day and weekend staying at his apartment.
Would any of these circumstances reset our separation period?
There is no set period of time or no definition for a short period of time as these are very fact-specific and vary from case to case. Typically, the shorter the better, or no more than 1-2 weeks maximum, as long as you do not resume any of the marital duties or marital relationship.
One night a week will not reset the separation period.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.
What do “marital duties” entail?
Are we talking things like emptying the dishwasher, taking out the trash, that sort of thing? Or something else?
Yes, these things as well as sharing of expenses and bills, and showing yourself to the public that you’re together as an intact couple.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.