Dating during separation northcarolina scottish dating site
This is true even if the parties actually disagreed as to the actual date of separation in the divorce proceeding and the trial court resolved the issue. Stafford filed a Complaint seeking absolute divorce and equitable distribution. The trial court severed the divorce from the remaining issues in the case and tried the divorce.
Plaintiff contended, and the trial court found, that the date of separation was the first week of October 1992.
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.
The date of separation should be established before the parties spend time and money engaging in the discovery process and definitely must be established before the court begins the process of classifying and valuing marital and divisible property.
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.
The court of appeals rejected defendant’s argument, stating without explaining that no threat of inconsistent verdicts was present in this situation because “[w]hile the determination of the date of separation may have an impact on the unresolved issue of equitable distribution, the same factual issues are not present.” Dissenting, Judge Greene wrote that the appeal did affect a substantial right in part because “the trial court’s determination of the date of separation in the divorce action precludes relitigation of that issue for purposes of equitable distribution.” In a short per curium opinion affirming the majority of the Court of Appeals decision that the appeal did not affect a substantial right and evidently disagreeing with the dissent’s assertion that the issue of the date of separation could not be litigated again in the ED case, the Supreme Court held that the date of separation in the divorce judgment was not binding on the ED court because the trial court in the divorce case was not required to determine the date of separation to determine whether to grant the divorce.
Therefore, the date of separation has no bearing in this case on the legality of the final divorce judgment.
Perhaps this was the meaning of the Court of Appeals statement in , that “the factual issues are not the same” in a divorce case and in an ED case.
If the factual issue resolved in the first proceeding is not the same as that to be resolved in the subsequent proceeding, collateral estoppel does not apply.
Provided that you meet the 2 criteria listed above, you or your lawyer may file your verified Complaint for Divorce and a document called a Summons with the clerk of court in the county where you reside.
After filing your Complaint and Summons the documents must be served on your spouse.
Can one of the parties argue in the ED case that a different date was the actual date of separation?