When can I file for divorce?


#1

Dear Darshawn,

Unfortunately, I cannot determine what your date of separation truly is. That is something that you and your husband will either have to agree to, or argue about in front of a judge. Regardless of what date you use, you cannot file for divorce until 1 year after that date. If your husband does not agree with the date you put in your divorce complaint, he has an opportunity to disagree in his Answer to the complaint. At that point, you will have to present your evidence that supports the date you chose to the judge at the hearing. The judge will then make a decision on what the date of separation will be for your divorce.

Good luck,

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.


#2

I have been married 17 years to a man who became a long haul trucker about 7 or 8 years ago. Him & I shared a home in Florida until Feb 2001 when we moved to NC. By his own admission in front of other people, he has always maintained that the house we rented from my mother in Durham Co. was never his home. He came there to visit me & our 3 children & has used that address as his mailing address. The last time we were “together” was Nov of last year although I didnt formally ask for a seperation until April of this year. At that time I began looking for a home closer to where the rest of family was in Granville Co. which I found & moved into in Aug this year.

Now he has informed me he will not agree to our seperation because I didnt move out of a residence he never “lived” in until Aug.

I really would like to file & get this over with but I haven’t a clue as to when I can now. Please let me know where I stand from a legal point.