Separation before or after filing?


#1

For the required one year one day separation to begin one of you must leave the marital residence. Rosen and anyone else would recommend speaking to an attorney prior to leaving the marital residence to begin separation so that you will know what your rights are and possibly to begin to get a separation agreement drawn up. There are kits at the local office supply places and on this home site for do-it-yourself divorce but it’s always a good idea to consult an attorney.
You can not file for divorce until you have been living separate and apart for one year and one day.
I do not know much about legal aid…


#2
quote:
[i]Originally posted by artldrew[/i] [br]I am slightly confused. Rosen Law firm web site recommends trying to stay in the shared residence until speaking with an attorney.

That is to allow for the separation agreement and property settlement to be drawn up. Stepmother explains it better than I do. The attorney can tell you how to leave with a minimum of extra issues (such as abandonment).

quote:
Does this mean we cannot separate until filing for divorce?

You have to be separated for at least one year (and one additional day is the custom) before you can file for divorce.

quote:
And, does living in separate hrooms of the home qualify as being legally separated?

No.


#3

You have to be separated for a year and a day before you can file for divorce. In order to be considered separated you must live in separate residence, it is not sufficient to live in separate homes.

We recommend that you consult with an attorney to make sure that you are not jeopardizing your legal rights or ignoring your legal obligations by moving out. Regardless, of the situation, we cannot tell someone it is in their interests to move out unless we have done an actual consultation with them.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#4

I am slightly confused. Rosen Law firm web site recommends trying to stay in the shared residence until speaking with an attorney. Does this mean we cannot separate until filing for divorce? What if we do not use an attorney? And, does living in separate hrooms of the home qualify as being legally separated?

I have been trying to reach Legal Aid for three weeks as I’m sure I would qualify, but cannot get through. Any advice there?

I am 39, work at a part-time job earning $8/hr and have three children.

Any help would be great!
Thanks,
Artldrew

Fred Lynn