"Separate and Apart" Question

Unfortunately, there is not. I slept seperately from my wife for months, but you are not seperated in the eyes of the law until one of you has moved out.

In addition, if something happens and one of you spends the night in the home, (i.e. staying in the home to watch your child overnight while the other parent is on a business trip) it can “reset” the clock in some courts eyes.

My wife didn’t file for seperation till I moved to Texas since I am in the military. I believe it was a ploy to get me out of the house by saying that she was going to move here with our son and try to work things out so that its was easier for her to not have to worry about me trying to stay in my own home.[:(]


Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
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.

My husband and I have decided to separate. We are actually on very good terms, and both agree that this is what we feel is best, and are committed to maintaining a good working relationship for the sake of our children. 3 yo boy, and 4 yo boy with Autism.

We would like to go ahead and file separation paperwork as soon as possible, but given our son’s fragile mental state, we do not think it wise for either one of us to move out immediately. We work opposite shifts, and currently do not share a bed, but we believe that we need to create a slow and loving transition for our children, particularly the one with the disorder. He does not adjust well to immediate change, and one of us just leaving the house abruptly could have a devestating effect on him.

Is there anyway to file for separation, yet continue to live in the same house for a few months, while we transition slowly and carefully to a 2 home situation?