Resetting the 1 year separation clock?


#1

My stbx left in June 2009 and moved to SC. Dec 2009 I became very ill, and I stayed down with her in SC for about 2.5 months and came back to NC the first week of June 2010 once I had recovered. There was no reconciliation (I wanted it but she was not and she was very clear on that) and we did not live as man and wife during that time. I am filing for divorce now and she is indicating she is going to try and block it (I guess for another month or two, even if she is able to block I don’t see how she could block any longer than the first week of June 2011?) by saying that we have not been separated and living apart for 1 year and 1 day (due to me staying down there when I was ill). We have both signed and notarized a sep agreement that says the sep started June 2009 and that we have been living continuously apart etc… etc… and this was signed after this temporary stay down there. I did have my mail forwarded down there for about a month.

Question: Does she have a claim to try and block or delay this divorce (again for only another a month or two?). Does the fact that I stayed down there in SC and out of the jurisdiction of NC have a factor? I kept my home here, driver license, etc… and she had long previously established her SC residency.

Thanks

RH


#2

She can deny that you have lived separate and apart for one year and one day, but the court case can still be heard. The judge will determine, after hearing all the evidence, if you have in fact been living separate and apart for more than a year. The SC component is not a factor, it only matters if the judge finds whether or not you resumed your martial relationship during those months you stayed there.


#3

Thank you. It might be simpler just to wait and re-file in June. Seems that would be a way to mitigate the possibility that the Judge would consider it a resumption of the marriage.

Thanks,

RH


#4

I agree, it could save you the headache!