Proving separate residence

If someone gets an apartment in his name only starting the 1 yr separation clock in mid July 09, lives in it, has only spent a rare overnight in house with kids while stbx was out of town. What happens if mail for his stbx starts coming to his apartment either via us mail error or her attempt to remain in denial and derail the divorce process? How can he prove it’s a separate residence?

If your ex is attempting to derail the separation period she will have to first file an answer to your divorce complaint (to be filed in July 2010) and deny the date of separation. She will then have to prove (having mail delivered to your place is not enough) that she lived there with you.
You will be able to show all the bills for the place are in your name, and further, you may call other folks to testify that your ex did not ever live with you in the apartment.

After i’ve moved out, can i return once a week, on Saturdays, to do gardening and chores, and possibly have lunch with spouse at the marital residence where spouse continues to live, but never staying overnight, or would this no longer be living “separate and apart”?

Your visits will not interupt the separation.

Good luck.


Lee S. Rosen

Rosen Law Firm (serving Raleigh, Durham and Charlotte)
Divorce is Different Here

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
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