When you’re ready to move on from a marriage, waiting can be difficult. You and your spouse may both agree that the relationship is over and wonder whether you can skip the separation period.
In North Carolina, the one year and one day rule is a requirement to take seriously. In his video, attorney John McKnight explains how divorce works and why an accurate separation date matters.
What Is the One Year and One Day Rule in North Carolina?
Before filing for an absolute divorce based on separation, you must have been separated for at least one year and one day. Agreeing with your spouse that you both want a divorce does not allow you to shorten that waiting period.
It’s understandable to want to put this chapter behind you. But moving forward begins with an honest account of when your separation actually occurred.
Divorce Is Separate From Custody, Support, and Property Division
A divorce is a standalone legal action in North Carolina. It is separate from related matters such as child custody, child support, spousal support, and equitable distribution, which addresses the division of marital property.
The divorce process begins when one spouse files a lawsuit against the other. A judge ultimately enters a divorce decree: the court document that legally ends the marriage. Simply reaching the end of the separation period does not automatically make you divorced.
Why Your Divorce Complaint Must Be Truthful
When you file a divorce complaint, you must verify it. That means signing under oath and making a sworn statement to the court that the information is true. Your separation date is part of that information.
You should never make up an earlier date or agree with your spouse to use a date that is not accurate. Even if both of you are comfortable with it, an agreement does not make a false statement truthful.
At McKnight Law, we want to help you move forward, but that includes helping you avoid mistakes that could create problems later.
An Inaccurate Separation Date Can Affect Your Credibility
A false statement in a divorce complaint may have consequences beyond the divorce itself. As John explains, you could become involved in another legal proceeding years later where your credibility matters.
If someone finds a prior court filing in which you swore to something untrue, that statement could undermine your credibility. Taking a shortcut now can create a problem you did not anticipate.
Get Help With Your North Carolina Divorce
If you have questions about your separation date or the divorce process, McKnight Law can help you understand the next steps. Our team meets with clients in Raleigh and Fuquay-Varina and can help you prepare to file once the required separation period has passed.
Watch the video below as John McKnight explains North Carolina’s one year and one day rule and why honesty in your divorce filing matters.
