Your separation date would be the first day you two did not live together and have since then lived seperate and apart as you were unmarried. So, that would be in September. Even though you left in Feb you came back. The time then starts over…even if it would have been just one night. You will have to contest your separation date through your lawyer. Hopefully you have proof of your residency from Feb-Sept which will help get that date changed. Good Luck.
September is your date. You can file an Answer denying the date of separation.
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.
Hi, me and my husband separated in February of this year (when he locked me out of the house). I went and moved back in with him in April to try and work things out. We were both living under the same roof from April until the end of last month when I had to flee the residence while he was at work (due to personal safety issues). He has now sent me divorce papers and he is stating that our separation date was in February. I would consider our separation date to be in September. Who is right? Can he legally file for divorce in February of 2007?