Total Duration for separation


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.

(Anna Ayscue) #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

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