Kurtz & Blum, PLLC - Criminal Justice Attorney
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What happens if my spouse and I try to reconcile during our one-year separation? Can we still go forward with the divorce if it doesn’t work?

Answer:

North Carolina defines the resumption of a marriage as a renewal of the husband and wife relationship, based on all of the circumstances. Small, isolated incidents of sexual intimacy between you and your spouse will not restart the date of separation. It isn’t uncommon for spouses to try to work out their problems or to engage in sexual relations together during their year of separation, and North Carolina wants to encourage spouses to try to save their marriages. Spending a night together is not the same as moving back in. If you and your spouse move back in together for a period of time and resume your marriage, the date of separation will restart if you separate again.

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