Statute 50-6 One Year Separation


#1

The answer to this question is not simple and would require legal research based on the specific facts of your case. Your husband needs to consult with an attorney and discuss the specific facts of his case.

Helena M. Nevicosi
Attorney with Rosen Law Firm

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Raleigh, North Carolina 27607
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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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#2

My husband’s ex-wife back dated their separation agreement to 1998 so as to push the divorce through quicker in 1999. (She divorced him so she could start collecting her deceased 2nd husband’s SS benefits again because she didn’t realize she would lose them if she remarried.) He didn’t agree with it, didn’t want the divorce and told her attorney that it wasn’t the truth. The attorney told the ex-wife to keep him quiet about it and everything would be just fine. He did try to bring up the issue at the final hearing and the Judge told him he couldn’t do so at that time and would have to file an appeal. He went to Raleigh to file an appeal but didn’t understand the process and dropped it because the ex-wife convinced him to move back in less than 1 month after the final decree was signed.

My question is, does this fact (she lied about the one year separation) mean they are still legally married? What are the repercussions of lying about the one year separation on the divorce? Is there some kind of penalty?

CDD