I have been searching case law to find if there is anything that will support what I am trying to do. We have lived for 19 under the same roof but as roommates with no husband wife relationship. We had done this due to the small children and niether one had the funds to live somewhere else. No we are going to be on our 5th month living seperate. I have aske dmy lawyer if there is anyway of a judge agreeing to change our seperation date and allow us to divorce now. He has mentioned several times that he needs to research this and get back to me. I was trying to find out myself, since waiting on him I still have no anwser. Thank you for any info you can provide me.
I am not a lawyer.
Everything I’ve seen states that in order to get a divorce based on separation in NC, you must live separate and apart for at least one year (year and a day) before filing a complaint for divorce. Not in the same house/apt, even if you’re in separate bedrooms or even separate parts of the house (first floor/second floor).
When you go in front of a judge for a divorce, s/he will ask you ‘did you separate on or about xx/xx/xxxx with at least one person having the intent to remain apart’, taken from your complaint, and if either party lies, that’s perjury.
There is no way around the year rule for separation. PhilipJFry is correct; it would be perjury to say otherwise.