Seperation Date

Would the hotel not be able to provide that information to you if you requested it for court purposes?
Normally, when the date is in question, it is only a few weeks or months and is only due to unresolved issues.
Did you have your name taken off the utilities at the home? Did you have your mailing address changed to a PO box? Do you have a friend, co-worker or family that helped you move? Any of this could be used to show date of separation…

I didn’t physically move to the hotel until July. I stayed with friends prior to that. As far as utilities, all were changed to her name, all joint accounts were paid off and closed in exchange for me giving her the house and equity in it. I quit-claimed the house and she refinanced in her name only. I moved out of state for several months and that’s when my address changed.
I guess my question is, if based on the prior post about not being legally divorced due to seperation date being in question, can she come back after the divorce is final and tell the court it wasn’t over a one year seperation?

The friends that you stayed with could testify or give a deposition to the attorney about the date that you began staying with them. There is also the time frame that all the finacial switching was done, including the home.
EDIT: This is all providing that the date is disputed. If you and your stbx both know the date that you separated, and hopefully you have kept record of this stuff, then there should be no question…

I pulled up the broadcast from the Rosen radio broadcast from yesterday. Very informative and it addressed exactly what I was looking for.

If your ex does not dispute the date of separation, your sworn statement that you separated on that date is sufficient for a divorce to be granted. The records will only be an issue if your separation date is contested.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit for details

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


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.

I have a follow up question about the thread titled "Lied about separation date"
I have been seperated a little over a year, but don’t have records from the hotel I was a resident of until July of last year. Is it possible for my STBX to contest the seperation date if I can’t prove I was out of the house?