Legally Separated

[Chuck Gardner]

What is the name of your state (only U.S. law)?
Chuck Gardner North Carolina,

I have one last question. I emailed an attorney and divorce wasn’t his expertise but he talked to another attorney that new of a case where a spouse lived in the basement during separation. Do you know of any president case where we could go before a judge and ask for a waiver if the house had separate living areas? What I saying is it cut and dry or is there a gray area when it comes to separation?

 

[mistoffolees]

What is the name of your state (only U.S. law)?
Chuck Gardner North Carolina,

I have one last question. I emailed an attorney and divorce wasn’t his expertise but he talked to another attorney that new of a case where a spouse lived in the basement during separation. Do you know of any president case where we could go before a judge and ask for a waiver if the house had separate living areas? What I saying is it cut and dry or is there a gray area when it comes to separation?

For starters, please keep all of your questions in one thread. It gets confusing when only one part of the question appears.

The law is pretty clear - the spouses must have separate residences. I suppose there might be some gray area in the term 'residence', though. If you have a separate apartment with separate entrance, it's own kitchen, etc, then it might be possible to argue that they lived separately. I would guess that's what happened in the case you cited, but you'd really best ask a local attorney. It could be that the local judge is lenient on that matter, as well.

 

[Chuck Gardner]

Legal Separation

Thanks guys,
You were a great help I will take your advice.
chuck