Year separation

Why is he coming back anyway, and is this intended to be a permanent arrangement?

The safest thing, IMNSHO, would be that neither party should sleep under the same roof until the divorce is filed, if not final. Especially if the arrangement is intended to be permanent.

f you have been separated, with the intention of divorcing, for one year and one day you can file for divorce. I do not believe that he can move back into the marital home without your consent at this point unless he had no knowledge of the separation being for divorce. If he had no knowledge that this is what the separation was for divorce prior to him moving out of state, you may be looking at “malicious turning out of doors” if you do not let him move back in. If that is the case, and your intent is to divorce, then yes you would need to leave the home prior to him moving back and staying the first night.

The two of you cannot live together or the one year separation period will stop. It does not matter when you move out, as long as you are out before he moves back in.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

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Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

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My husband has lived out of state for 1 year and 1 week. He is moving back this weekend (8/11). Do I need to be out of the house immediately to keep the year separation? How many days do I have before I have to be out of the house?