Separation qualification question

Hello, I’m in the process of moving to NC where my wife has been since February 1st of this year. We filled for divorce here but have chosen to cancel it so that I can move to the area she is with our two boys who live with me full time. She will still be living where she is now but due to circumstances can not bring our children there. I am renting a townhouse there and the boys will be living with me there as well. She would like to have weekends with them but it would have to be at my townhouse since she only rents a small bedroom where she is at and due to animals there it’s not safe for them being they are 2 & 3 almost 4 years old. The complex where I am moving said that’s fine for her to stay there on the weekends without me there but that she would still need to be on the lease. I have agreed to stay at a friends house on the weekends so that she can have her time with the boys. I will have documents that show I don’t stay at the townhouse on the weekends and we will both have drivers license with separate addresses. As long as we have those documents will we still be able to count the 1 year separation in this situation and we will also have this agreement notarized? Thank you

Yes, this would be an acceptable arrangement that would count as being continuously separate and apart for purposes of an absolute divorce. This is what’s called a nesting arrangement.

For purposes of an absolute divorce, this does not need to be signed and notarized. For custody purposes, it would be a good idea to get this schedule in writing and signed/notarized by both of you. This can be in the form of a separation agreement or a consent court order.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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