Separation Questions


If a husband and wife separated for a year and a half with the intentions of staying separated and divorcing and the wife’s residence in which she was staying burned and until repairs are made had to come back and live with the husband, in separate rooms and no sexual involvement happened, just to help her out are they still considered separated or will they have to start over with the 1 year and 1 day in order to obtain the actual divorce?


The definition of separation is a bit tenuous in North Carolina, living separate and apart requires that the spouses live in separate residences with the intention not to resume their martial relationship for one year and one day. While isolated acts of sexual activity do not create an automatic presumption of a reconciliation, moving back in together likely does. The reason is because part of what constitutes being separated is whether or not you “hold out to the public” that you are living together as husband and wife, living in the same house, separate bedrooms or not, would likely be held by a court to restart the separation period.