I live in an apartment with my wife and we are getting a mutual and amicable separation. Will one of us have to move out or can we live together but basically stay in separate rooms for it to count? Also if we have been doing the whole separate room thing, when we file for separation will we still have to wait for the year and a day mark or is there a way around that?
** not attorney
An attorney will tell you that you must live separate places (not just a room) for one year, but if you both agree to it, nobody is “checking” or asking for proof that you lived apart for that time period. As long as you can trust things won’t get ugly or that your ex will change their mind later (thus causing you problems).
If you are going the route of a separation agreement, that agreement will contain a separation date in it that you provide. If you wanted to get the divorce finalized sooner, you could back date it to last year and sign before a notary…then have it submited so you can get your divorce.
I don’t understand for the life of me how NC can force you to stay married to someone you don’t want to be with. Aburd laws that are in the dark ages…
You have to live separate and apart. Different rooms of the same apartment don’t count.