Dating during separation northcarolina divorced people dating sites in usa
If the judgment does contain such a finding, the date is not binding in subsequent alimony and ED cases.A party can request a jury trial in an absolute divorce proceeding on the issue of whether the parties were separated for a year before the divorce action was initiated. A jury never should be asked to determine a specific date of separation and a jury trial never should be allowed when the parties agree they separated at least one year before the action was filed.Can one of the parties argue in the ED case that a different date was the actual date of separation?The North Carolina Supreme Court has told us pretty clearly that, at least in those situations where neither party in the divorce case alleged a date of separation that was less than one full year before the divorce complaint was filed, a date of separation found as a fact in a divorce judgment is not binding on the court hearing the equitable distribution matter because the date of separation was not at issue in the divorce trial. As usual, the divorce came on for trial before the equitable distribution.
First, you and your spouse must have lived separate and apart from each other in different residences for more than one year (366 days will do); and second, either you or your spouse must have lived in North Carolina for 6 months proper to the date the divorce lawsuit is commenced.
So what is the relationship between a date of separation found as a fact in an absolute divorce judgment and the date of separation in the equitable distribution case?
If the parties have obtained an absolute divorce and that judgment contains a date of separation, is that date binding on the equitable distribution case?
Such requests have been made in response to the Court of Appeals’ determination that a party is not entitled to a jury trial to determine the specific date of separation in an equitable distribution case.
remind us that a specific date of separation never is a required finding in a divorce judgment.
Anyone who works with equitable distribution knows that the date of separation is a critical fact that must be established before anything else can be done in the case because it is the date used to define and value the marital estate.