Q: If my husband and I never lived together after getting married, what would be considered our date of separation?
My husband and I rushed into marriage and shortly thereafter I realized it was a terrible mistake and told him I want a divorce. However, we have never lived together, so how would we determine our date of separation for the purposes of filing for divorce?
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- North Carolina
- (910) 333-9679
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- Answered
A: In North Carolina, all that is required to be separated is not reside in the same residence and at least one of you must have the intention not to resume the marital relationship - meet those two simple requirements and you are as separated as you ever will be. So the date of separation for purposes of calculating when you will be eligible for divorce is the date you no longer physically reside together AND at least one of you had the intention to not resume the marital relationship. However, there is no requirement that the intention not to resume the marital relationship be communicated. So it is entirely possible to be what some lay people refer to as 'legally separated' and one of the parties not know it. Which can lead to disagreement about the separation date. Once you have a year of separation visit our website at www.easyNCdivorce.com to see if our divorce service is a good fit for you.
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