North Carolina law does not have a laundry list of requirements for couples to get divorced, but there is one pesky prerequisite: the one-year waiting period.
The date of separation — the date that you and your spouse live under separate roofs with no intention of resuming the marriage – is crucial to starting the clock on the one-year separation period required before filing a Complaint for Absolute Divorce in North Carolina. Some individuals may be eager to officially call themselves legally single “on paper,” and that’s understandable. However, it is important to note that North Carolina law treats a separated person much like “a single person,” with the caveat that everything that comes with marriage – property, debts, children for example – may need time for resolution. Unlike other states, an Absolute Divorce Judgment in North Carolina creates a bright line in the sand that then prevents a person to request court assistance in resolving critical financial forms of relief through family law.
So even if you are ready to end the marriage now, it is worth waiting that full one year to file your divorce pleadings rather than fudge the date.
Lying about your date of separation can backfire, leading to significant legal and personal consequences. To start, presenting false information can be classified as perjury, which not only carries the risk of criminal penalties but seriously undermines your credibility in the eyes of the Court. Judges prioritize and value honesty, and you could face repercussions if they discover inconsistencies in your statements. You may receive an unfavorable outcome in your equitable distribution or alimony proceedings (if such claims have not already been barred by getting a divorce judgment “too soon”), or your deceit could hinder potential negotiations in your family law matter moving forward. The Judge may also decide that the divorce should be dismissed altogether, forcing you to start the entire process over again (including paying Court and Attorney Fees!).
Attorneys are ethically obligated not to facilitate or support dishonest practices. Attorneys cannot sign off on divorce pleadings they know contain a false date of separation. Our role as attorneys is to advocate for our clients, but not at the expense of integrity or compliance with the law.
Ultimately, divorces can be a long, emotionally challenging road, but resorting to false representations is not a smart move. Instead, consult with an experienced family law attorney who can help you understand your options within the legal framework. Acknowledging the accurate date of separation and focusing on developing a solid case rooted in truth will set you up for a more favorable and stable resolution.
If you or someone you know wants to learn more about Divorce and the Date of Separation, our Modern Legal Team is here to help.
Please note: these educational materials are based on North Carolina law where my legal practice is based. While the insights may have wide applicability, readers should consult with an attorney regarding the specific laws in their state or country.
