Greetings. You can prove separation from the date you stopped living together and one of you wrote to the other (or told the other spouse) that you intended to live separate and apart.
I am confused on the time line…how long has it been since you last lived together? That is the date of separation. Write it down, send it in an e-mail, copy your family and friends…whatever you need to do to say that you are not coming home and plan to file for divorce in March 2005.
Finally, what do you mean by you filed for legal separation? What have you filed, where did you file it, and who filed it for 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
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.