I just read a book, “How to file for divorce in NC” and it states that separation is a year and one day. The judge will take your word with regards of dates.
I am not sure about the actual time frame. I ended my marriage in November of 2005, but my ex didn’t move out until Dec 30th. Then I moved in with a friend to save money for my own place which I signed a lease for on MArch 1st. So I am not sure about all that yet.
Jacsval
My husband’s separation papers were drawn up a month after his ex moved out. The date in the papers was the day she moved. This is what the court went by. A year and a day btw. He still had to wait another two weeks to get divorce decree because the courts were closed for the holidays. One other bit of information I found interesting…she threatened him that she was going to challenge the date of separation because they had sex after she moved out. The separation is not void because of this action, because they did not resume their married relationship (meaning they were still living apart).
the date of the separation is the date you actually started living apart. it doesn’t matter if the papers are signed and filed 6 months later.
1.Is seperation time a year or a year and a day?
2.Does seperation time begin the day you move out of the residence or the day you file for divorce?
3.How does the court verify the day you seperate-your word,
witnesses,or another means?