Proof of Separation?


#1

Most of the time there is no “proof” required. The courts will believe the date that you state because lying about that date could invalidate the absolute divorce and would be perjury.
If you have need of proof because the date of separation is being disputed, then you can use receipts for deposit on apartment, date of beginning service for power or telephone…that may not prove beyond doubt that you no longer resided together, but it’s pretty good proof that you at least intended to separate close to that date…


#2

The only time you would need proof would be if your spouse contested the date of separation. If they do contest the date of separation you can use a lease agreement, settlement statement if you purchased a home, utility bills, and or the testimony of witnesses.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.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 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.


#3

What kind of “proof” is required to meet the one year and one day separation requirement to file for divorce in NC? Thanks!