Separation and debts


#1

Dear KMD:

Greetings. No, divorce in North Carolina takes one year from the date of legal separation. It does not matter if you have had marital relations or not. We do not back date the paperwork - as that is “false” and would cause you to commit perjury when you sign it and when you file for divorce. Perjury is a crime in North Carolina.

Sometimes debt and assets are not split exactly 50/50 - as we have many different factors that the court can look at when we ask for an unequal distribution.

Now, I am also very concerned about the physical and verbal abuse you have mentioned. Please take steps to keep yourself from being harmed. Let us know if we can help. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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.


#2

I have been married for 14 years. We have not had marital relations for 4 years, there has been physical and verbal abuse (but it is not documented) throughout the marriage. We have 1 child, a house, cars and debts. We still currently live together. My first question is if I file legal separation papers can the divorce be legal faster than 1 year since we have not had marital relations for so long? Or can the paperwork be back dated? My second question is are all assets and debts split 50/50 no matter what? He has recently incurred some debts without my knowlege that I do not want to be liable for. Thank you.