Hello I am currently deployed and my spouse and I have decided to divorce. My question is can I use my deployed time as separation time, and if so how do I go about back dating it to when I left?
You can count your deployed time as separation time with the date of separation being the date that you formed the intent to remain permanently separate and apart. NC requires that a separation mean that Husband and Wife live in two separate residences and that the physical separation occurred with at least one of them having the intent to remain permanently separate and apart.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.