She is challenging 1 year separation

North Carolina Divorce Law Divorce and Separation Answers
1

I just got papers from wife’s attorney for a hearing to deny my motion for divorce.

A hearing in court is scheduled to deny separation date, intention to separate permanently,
and 1 year time period.

She filed papers and moved out and has maintained her own apartment for over a year and a day.
She has had that as her mailing address ever since.

She slept over at my house sometimes in separate bedroom to be with our son more. No sex ever.
I allowed this as I have emergency custody of our only son due to her endangering him while imparied due
to drug addiction. This gave her more time to be with our son and allow me to supervize.

We even have a reconcilition clause in our separation agreement.

She won’t tell me why she is doing this and don’t know if I would believe her anyway if she did.

Is there some common popular motive for spouses to try prolong the 365 day separation an additional
365 days?

She moved out and filed papers showing her new address.
She has maintained her own apartment and all utilities.
She pays no expenses towards my home or utilities.
She has maintained that as her mailing address.
No sex.
Separate bedroom nights she slept over.
Replapsed on drugs.
Emergency custody of our son to me.

Does she actually have a claim?
Can I fight this without an attorney?

2

The only motive I can see to her denying the date of separation is to attempt to receive half of any additional property you received after the date of separation, however that motive is not founded if you have a Separation Agreement which has distributed the property.

The judge will hear the case and make a finding of fact regarding the actual separation date. You may fight this without and attorney, and will need to be prepared to document her separate residence.

3

Can I subpoena for her utilities, property management lease, and post office forwarding address form?

4

You may.

5

Can I subpoena drug insurance claim records?

Can I subpoena drug stores for prescriptions filled for her there?

Will she know I’m subpoenaing her records in any way until hearing?

6

You may subpoena the above mentioned items, but she may move to quash them, as medical records are private and there are other ways to prove her residency without those records.

You must serve a copy of the subpoena of the Defendant.