Dear Mary Watkins:

Greetings. My opinion is that you did not reconcile. Reconciliation is deemed as the total resumption of the marriage. If he does not dispute the date of separation, I would not worry about it. Best of luck!

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607

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.

I have been separated since August 2001 from my husband–living separately. In June and part of July 2003 (approx. 6 weeks) I let him stay at my house while he bought a house during the transistion of moving from one residence to another. He slept on the couch and there was no reconcilation at all. He moved into his house in mid-July and we have remained separated. We have a separation agreement filed with the court system. In October I made the mistake of having sex with him. He did not spend the night and there was no reconciliation nor will there ever be. I am filing for divorce myself without an attorney. I purchased a divorce kit from the Wake County Courthouse and prepared all the paperwork. This will be an uncontested divorce and my husband and I are in agreement with the divorce and all items agreed upon in the separation agreement. My main question is that I know you have to be separated without reconcilation for 12 months. By what happened in October do I have to wait until then to file for divorce or can I proceed as planned. What questions will the judge ask me pertaining to this type of action? Thanks Mary