Total Duration for separation


#1

My wife and I have decided to go on our separate ways after 4 yrs together. I moved out of the house ( which we own together) and live with my coworker starting Jan 2nd,2018. His lease expires in April,2018. My coworker and I are planning to sign a lease beginning April,2018 for one year.
Can I file for absolute divorce in January 2019 considering I will be separate from her for a year? Or do I have to file it in April 2019 as that is when my name will be on lease.

In terms of finances we have worked out everything amicably and have agreed to divide certain payments ( utilities, car, insurance etc.) and provide appropriate financial support for the duration.
1)Does this agreed upon terms have to be notarized in order to file for divorce next year?
2)If it has to be notarized, can we put the actual date of separation to be Jan 2nd, 2018?
3) I have agreed to take care of our dog 1-2 weekends a month when she is traveling for work. Does this nullifies the separation in anyways considering I will be staying overnight at the house?

Any help on this matter is appreciated.


#2

You can file for absolute divorce on 1/3/19. Your date of separation is 1/2/18 since that is the date you moved out of the marital residence.

  1. You don’t have to have any agreements prior to filing an absolute divorce but to make sure that all property and financial agreements are binding, they should be reduced to writing and signed and notarized by both spouses before the absolute divorce claim is filed.

  2. Yes, on any separation agreement you should include the date of marriage and the date of separation.

  3. No, you will still be considered separated for as long as you never resume the marital relationship and hold yourself out to the public as being married and together.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.


#3

Thank You Anna,
in the past few months my wife and I have come to basic understanding and agreement for everything moving up to divorce (finances, property etc).

Given that both parties are in agreement is there a way to expedite the process and file for divorce now (or as soon as possible) which can help to resolve the issue before end of August,2018?
Both of us are planning to move to separate states for new jobs and it will be quiet difficult (mentally and financially) to go back and forth if we have to file for the divorce in NC courts.

Any help or suggestion is appreciated.

Thank you


#4

There is nothing that can be done to speed up the one year separation requirement in order to have an absolute divorce granted. Whether all issues are resolved or not, you must live continuously separate and apart for one year before filing for an absolute divorce.

It is possible for either of you to file for an absolute divorce in your new respective state of residence, but you’ll need to find out that state’s residency requirement first (for example, NC requires that the spouse filing for absolute divorce be a resident of the State of NC for at least 6 months).


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.