Speration law question


#1

I filed a simple divorce due to not having any issues with property, custody and for financial reasons. We have a court date scheduled in January 2012. My spouse submitted a copy of his lease to the divorce petition which is accurate in that he moved from our residence in June of 2011. In addition to a copy of his signed lease, he included a note indicating he was only clarifing that he did not move out unitl June BUT he is also not contesting the divorce. Hence, while living at the same residence we were not living as husband and wife during the year and one day according to NC law. He moved in June only because he refused to move sooner stating he did not have the funds and resources to move since this was my fault and he would not move out until he felt he could sustain himself financially. Due to fear of additional abuse I could not make him move out any sooner. My questions are as follows:

What options if any do I have on my court date in January to support our legal separation time and his move out date in June due to issue of domestic violence preventing me from enforceing him to leave?

Will a copy of our 2010 taxes indicating we filed marriage filling separetly be useful on my court date?


#2

You will need to be separated for a year and a day before you can legally file for divorce in NC. If you were still living in the same residence until June (even though you may have agreed to separate earlier), then you cannot file for divorce until one year later. Since your ex has submitted his lease agreement, thereby contesting the separation date, a judge will not be likely to grant your divorce in January based on these facts.