Difference between revisions of "Date of Separation"
| (2 intermediate revisions by the same user not shown) | |||
| Line 6: | Line 6: | ||
</table> | </table> | ||
'''Date of Separation''' is the day the spouses started living in separate buildings<reF name="separationstatute">[https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_50/gs_50-6.html#:~:text=Marriages%20may%20be%20dissolved%20and,a%20period%20of%20six%20months § 50-6]. "...lived separate and apart..."</reF> intending to permanently end their relationship and cohabitation. The spouses have to be separated for one year without reconciling | '''Date of Separation''' is the day the spouses started living in separate buildings<reF name="separationstatute">[https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_50/gs_50-6.html#:~:text=Marriages%20may%20be%20dissolved%20and,a%20period%20of%20six%20months § 50-6]. "...lived separate and apart..."</reF> intending to permanently end their relationship and cohabitation. The spouses have to be separated for one year without reconciling before they can start a lawsuit asking for a divorce decree.<reF>[https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_50/gs_50-6.html#:~:text=Marriages%20may%20be%20dissolved%20and,a%20period%20of%20six%20months § 50-6]</reF> The date of separation also determines the day [[Child Support|child support]] and/or [[alimony]] begins accruing and the date used as a snapshot for [[Equitable Distribution|equitable distribution]]. In a nutshell, it is the day the spouses begin their lives as legally separate individuals, even if they are not actually divorced yet. | ||
==Identifying the Date== | ==Identifying the Date== | ||
Separation means you (a) lived in separate homes; (b) at least one spouse intended to permanently end the relationship/cohabitation; and (c) you didn’t get back together. Separation requires that the spouses live in separate buildings, not just separate rooms. You do not need to complete any paperwork or file anything on the day one spouse moved out to mark the first day of separation. However, it is a good precaution to keep evidence of the day one spouse moved out, in case your spouse contests it later. | Separation means you (a) lived in separate homes/buildings; (b) at least one spouse intended to permanently end the relationship/cohabitation; and (c) you didn’t get back together. Separation requires that the spouses live in separate buildings, not just separate rooms. | ||
You do not need to complete any paperwork or file anything on the day one spouse moved out to mark the first day of separation. However, it is a good precaution to keep evidence of the day one spouse moved out, in case your spouse contests it later. Also, the spouses should each open a new bank account with a $0 balance they can use for post-separation income and expenses. | |||
==Reconciliation== | ==Reconciliation== | ||
A temporary break-up does not start the separation until at least one spouse | A temporary break-up does not start the separation until at least one spouse intended to make the break-up permanent. Additionally, if you get back together or continue acting as though you were married, the period of separation re-starts once you separate again. Having sex with your spouse once during the period of separation is considered a reconciliation that resets the period of separation.<reF name="reconciliation">[https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_50/gs_50-6.html#:~:text=Marriages%20may%20be%20dissolved%20and,a%20period%20of%20six%20months § 50-6]. "Whether there has been a resumption of marital relations during the period of separation shall be determined pursuant to G.S. 52-10.2. Isolated incidents of sexual intercourse between the parties shall not toll the statutory period required for divorce predicated on separation of one year."</ref> However, going on dates, holding hands, going to church or family events, cooking meals, and regular sex together can all be factors. These circumstances make it look like the spouses reconciled and were not truly separated. | ||
==Contact an Attorney== | ==Contact an Attorney== | ||
Latest revision as of 14:29, 15 October 2022
| Date of Separation | |
| Statute: | N.C.G.S. §50-6 |
| Description | The day one spouse moves out intending to permanently end cohabitation and the relationship |
| Takeaway | The date of separation will be an important part of almost any divorce-related legal claim. |
Date of Separation is the day the spouses started living in separate buildings[1] intending to permanently end their relationship and cohabitation. The spouses have to be separated for one year without reconciling before they can start a lawsuit asking for a divorce decree.[2] The date of separation also determines the day child support and/or alimony begins accruing and the date used as a snapshot for equitable distribution. In a nutshell, it is the day the spouses begin their lives as legally separate individuals, even if they are not actually divorced yet.
Identifying the Date
Separation means you (a) lived in separate homes/buildings; (b) at least one spouse intended to permanently end the relationship/cohabitation; and (c) you didn’t get back together. Separation requires that the spouses live in separate buildings, not just separate rooms.
You do not need to complete any paperwork or file anything on the day one spouse moved out to mark the first day of separation. However, it is a good precaution to keep evidence of the day one spouse moved out, in case your spouse contests it later. Also, the spouses should each open a new bank account with a $0 balance they can use for post-separation income and expenses.
Reconciliation
A temporary break-up does not start the separation until at least one spouse intended to make the break-up permanent. Additionally, if you get back together or continue acting as though you were married, the period of separation re-starts once you separate again. Having sex with your spouse once during the period of separation is considered a reconciliation that resets the period of separation.[3] However, going on dates, holding hands, going to church or family events, cooking meals, and regular sex together can all be factors. These circumstances make it look like the spouses reconciled and were not truly separated.
Contact an Attorney
This wiki is provided by North Carolina divorce lawyer David King and his firm King @ Law. You can learn more about King @ Law at www.kinglawnc.com. If you are looking to hire an attorney, have questions, or would like to contribute to this wiki, you can contact attorney King using any of the following methods:
- Schedule a Consultation
- Start a Facebook Chat
- Email: david@kinglawnc.com
- Voicemail: 919 706 5322
References
- ↑ § 50-6. "...lived separate and apart..."
- ↑ § 50-6
- ↑ § 50-6. "Whether there has been a resumption of marital relations during the period of separation shall be determined pursuant to G.S. 52-10.2. Isolated incidents of sexual intercourse between the parties shall not toll the statutory period required for divorce predicated on separation of one year."