Sleeping on the couch

North Carolina Divorce Law Divorce and Separation Answers
1

Dear Bystander:

Greetings. My belief is that the date of separation is the first date that Spouse 2 left the resident when he/she was kicked out.

If the separation agreement was signed and notarized, but yet the alienation of affection claim contains a different date, I would ask that Spouse 1 be charged with perjury. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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.

2

Sorry, another question.
Spouse 1 kicks Spouse 2 out of the house and as a result, Spouse 2 legally changes their address. When things calm down and to help out Spouse 2 until they can find a place to stay, Spouse 1 allows Spouse 2 to stay on the couch in the family home. It is very evident to both parties that it is no way a reconciliation, just a temporary arrangement for a couple nights and they are working on the separation agreement while Spouse 2 is there. Spouse 2 finds a place and leaves within a couple days, what is the date of separation, the day that Spouse 1 originally kicked Spouse 2 out or the date that Spouse 2 left?
Additionally, if Spouse 1 puts one date on the separation agreement filed with their divorce lawyer and possibly with the State, and the other date on a complaint filed with the courts for Alienation of Affection how does that effect the two cases?
Thanks for your help!