Separation Requirements


#1

It is my understanding that in NC you have to live apart for one year and a day. I was reading your section on absolute divorce and it also mentioned that “you also need to be certain that at least one of you, at the time of separation, intended for the separation to be permanent.” My wife moved to NC last March 2011 for school and didn’t move all of our belongings there until August 2011. She now is wanting a divorce. I still reside in another state and she just told me she wanted a divorce in February 2012. Wondering what she can claim as her separation date? If she says it was last March 2011 then can that play into deciding distribution of financial assets, etc. ?


#2

If the separation wasn’t for the purpose of living separate and apart w/ the intent to remain separate and apart. If the first time divorce came up was in Feb of this year then there is a good argument that is your date of separation. Marital assets and debts are fixed on the date of separation.


#3

I moved out of my house with the intent of separation…is this the day my separation begins (the 1 year ticking) until I can apply for divorce? What if my spouse does not not accept my plans of separation…does this mean I am not separated? Is the day I moved out the date we lock in the value of all our assets? Am I still considered separated even while I continue to pay all the bills as I always have? Can I be considered abandoning my spouse if I move out but continue to support by paying the bills?