Seperation Agreement/Reconciliation


#1

I do not think that you can use that date as the date of separation for filing divorce since you did reconcile. You would use the new date of separation to begin the one year one day separation required in NC.
As far as the agreement goes, I think that would depend on the actual wording in the agreement. Some agreements have a claus stating that the agreement is void should the couple reconcile. Some state that certain portions are void…
I would consult an attorney to see if the agreement itself is still valid after changing the dates and see if your spouse still agrees to those terms.


#2

If you reconciled you will need to wait one year from the date you separated the last time to file for divorce. In addition, you may need to deal with your marital property issues, some separation agreements are invalidated if the parties reconcile.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

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.


#3

I guess my question is if there is a clause in the agreement that states the agreement remains in effect unless both parties agree in writing of reconciliation would that be possible to use the original date of seperation? Thanks.


#4

No you cannot use your original date of separation. In addition, if you have accumulated new property since your original separation you may have additional marital property issues to deal with.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

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.


#5

I have a seperation agreement and temporary custody order in NC from 2003. We attempted reconciliation, moved to Florida and are now seperated again. I am back in NC and he still resides in FL. My question is can I use this seperation agreement to file for divorce based on the seperation date in 2003? Thank you kindly!