Spouse staying overnight on couch - effects?


#1

Isolated overnights will not generally toll the one year separation period. See NCGS 50-6 for reference. rosen.com/ppf/cat/statad/laws.asp

Lisa M. Angel
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, NC 27607
(919) 781-1741 direct voice
(919) 256-1660 direct fax
(919) 787-6668 main voice
(919) 787-6361 main fax
NCdivorce.com
email: angel@rosen.com

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

Thank you for replying, Miss Angel.

I checked the statute you indicated in your reply, but it specifically mentions isolated acts of intercourse - does this statute also apply if my spouse only slept on the sofa??


#3

Your spouse sleeping on the couch to help care for a sick child generally will not toll the running of your one year separation period. The idea is that you and your spouse have not reconciled, and did not live together with the purpose of remaining together as a married couple.

Take care!

Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@rosen.com

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.


#4

My spouse stayed overnight for 2 nights to help me care for our sick child. What effect, if any, will this have on our separation period?

In addition, my spouse is still fully aware that I intend to seek a divorce - I only permitted her to come over to help with our child.