# Seperation Agreement/Reconciliation **URL:** \ **Category:** Divorce and Separation Answers\ **Created:** [April 22, 2008, 8:08am UTC](https://forum.rosen.com/t/seperation-agreement-reconciliation/5894 "2008-04-22T08:08:32Z")\ **Posts on this page:** 5\ **Page:** 1
**Author:** ![stepmother](https://avatars.discourse-cdn.com/v4/letter/s/90ced4/32.png) [@stepmother](https://forum.rosen.com/u/stepmother)\ **Post date:** [April 22, 2008, 8:08am UTC](https://forum.rosen.com/t/seperation-agreement-reconciliation/5894/1 "2008-04-22T08:08:32Z")
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. ---
**Author:** ![Helena\_Nevicosi](https://avatars.discourse-cdn.com/v4/letter/h/db5fbb/32.png) [@Helena\_Nevicosi](https://forum.rosen.com/u/Helena_Nevicosi)\ **Post date:** [April 23, 2008, 9:58pm UTC](https://forum.rosen.com/t/seperation-agreement-reconciliation/5894/2 "2008-04-23T21:58:40Z")
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 > **[North Carolina Divorce Law - Legal Answers and Info](https://www.rosen.com/)** > > The best resource for divorce in NC. Find accurate, legal, family law advice from attorneys practicing in Raleigh, Durham, Cary, and Chapel Hill. 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. ---
**Author:** ![Christine\_2000](https://avatars.discourse-cdn.com/v4/letter/c/a183cd/32.png) [@Christine\_2000](https://forum.rosen.com/u/Christine_2000)\ **Post date:** [April 25, 2008, 5:42am UTC](https://forum.rosen.com/t/seperation-agreement-reconciliation/5894/3 "2008-04-25T05:42:01Z")
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. ---
**Author:** ![Helena\_Nevicosi](https://avatars.discourse-cdn.com/v4/letter/h/db5fbb/32.png) [@Helena\_Nevicosi](https://forum.rosen.com/u/Helena_Nevicosi)\ **Post date:** [April 28, 2008, 1:49am UTC](https://forum.rosen.com/t/seperation-agreement-reconciliation/5894/4 "2008-04-28T01:49:03Z")
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 > **[North Carolina Divorce Law - Legal Answers and Info](https://www.rosen.com/)** > > The best resource for divorce in NC. Find accurate, legal, family law advice from attorneys practicing in Raleigh, Durham, Cary, and Chapel Hill. 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. ---
**Author:** ![Christine\_2000](https://avatars.discourse-cdn.com/v4/letter/c/a183cd/32.png) [@Christine\_2000](https://forum.rosen.com/u/Christine_2000)\ **Post date:** [April 22, 2008, 6:26am UTC](https://forum.rosen.com/t/seperation-agreement-reconciliation/5894/5 "2008-04-22T06:26:51Z")
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!