I was separated from my wife a few years ago, and later moved to Tn., we have been meeting in mutual locations and enjoying each other company, I also have been driving back and forth to visit on holidays, we have always planned to get a beach and mountain, one of the reasons I left to Tn.
Now she has filed for Divorce, which was a surprise to me, stating that we have been separation in another state for a year. Does the date go by the date of the Separation agreement or the day which was my last visit? The reason I agreed to the separation was for refinancing the home.
Also, both of us are Federal employees, with 401k, she promised me not to worry about retirement, should I pursue a portion of the retirement, or should I let it go, I have no interest in the rest of the martial items we purchased. I am thinking of getting an attorney in the Fayetteville, NC area.
Thank You in advance
wolf9653, ■■■■ happens! You would be better off just to let go. You can challenge the separation date, but it’s going to cost you $$$. Not really a right or wrong answer to your question, so why not run this by a local lawyer to make sure you don’t cheat yourself out of those buck’s. Stay strong my friend.
LOL I noticed the header has the wrong spelling, I was just wondering what was legal, I want to do right by the law, pretty much letting it all go, she had children from prior marriage, so I do not want to upset the home anymore then it already is.
The date of separation is usually based on the last time you lived together. When couples go back and forth as you have indicated you did, that is more an issue for a judge to decide when the last time you lived together. The real question is: why are you contesting the date of separation? The longer parties are married, the longer a dependent spouse is entitled to spousal support, and usually, there are more assets are available for distribution. If this is not the case for you, you should ask yourself whether there is a reason to contest the date.
If there is not a reason, you should consider filing a counterclaim for equitable distribution. If you do not have a claim for equitable distribution pending at the time the divorce is granted, you lose your right to file such a claim and property is divided as titled.