Dear sgelso:

Greetings. Yes, if you move back in there is a presumption that you have resumed the marital relationship. Sex is not a necessary part of marriage (at least not for everyone and not for the court). LOL at how that answer came out. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax


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 but a full discussion with an attorney should be undertaken before taking any action.


Hi, I have been seperated from my husband for about a year now, we talk everyday and we are best friends,we have not filed for legal seperation yet, we have a very good relationship but I was wondering if I moved back in the house for finanial reasons would that start our seperation all over again. I would rent the upstairs of the house from him and pay half of the utilites. There is not sexual attraction there but I was wondering if we would have to start our seperation all over again when I moved out again. Thank you for your time.