Plz help im so confused


#1

ok me and my wife are having problems and she is wanting to leave to get some time to herself as she says. she has signed a 3 month lease and is planning on moving out in 2 or 3 weeks from now. ive never hurt her or cheated on her but she is having problems with my mother who i let stay with us becouse of a domestic dispute with her husband.my wife wants time away from her and me. my mother moving out in the middle of augest.so my question would be this…she is moving out and is wanting a sepration agreement.but is wanting to try to work it out over the next 3 months and maybe stay together (and i hope we do).if we file for separation and get back together can it be reversed like nothing happened? or are we doomed to go though with the divorce? im so confused with this whole process and i want to save my marriage at all cost!!! any advise?


#2

If your wife is moving out with plans of coming back when your mother leaves, that is not a true separation. If your wife is planning to come back in August you do not need a Separation Agreement at this point in time. If she decides not to move back in later on you will want to meet with an attorney to discus your rights and options at that point in time.
I wouldn’t recommend paying for a lawyer to draft a separation agreement if both of you are hoping to reconcile. I would suggest you attempt to have her agree to marriage counseling.


#3

my wife has not left yet…my mother will be moving out aug 14th. i just found out today and my wife said she might be leaving around the same date or the end the month. and has a 3 month lease that would be up on dec 1st. she is wanting the separation agreement while we live apart. i might be saying the same thing a differant way but can we still come back together and cancel the agreement. i know it would cost sum money but its what she wants. as for the counseling. she has flat out refused so far.


#4

and if we do sign a separation agreement… are we still considered married ? untill we file for legal seperation?


#5

It sounds like your wife wants a separation agreement, and you really should meet with a lawyer to discuss your specific case and ensure you understand your rights and options. Many separation agreements do have provisions which render the agreement obsolete in the event of a reconciliation, but there are some provisions that will remain in effect depending on the specifics of the agreement.
In North Carolina there is no legal separation, and nothing to file when you separate. It is merely a period of time that a husband and wife do not live together, with one of them having the intent not to resume the marital relationship. You are not divorced merely by living apart, and in fact are not eligible to even file an action asking for a divorce until you have been living apart for at least one year and one day.