LEONARD M.WEINER, ESQ, Ph.D.

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LEONARD M.WEINER, ESQ, Ph.D.

(212) 370-1660

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Question #9

I am in the process of separation right now with my husband of three years. We live in NC and have a two-year-old son. I don’t want this to be any harder than it has to. Can the one year separation period be waived? If it can, what is your personal opinion on the effects on the child due to a separation period and no separation period?  

I strongly suggest that you contact an attorney-mediator in North Carolina who is familiar with the specific divorce statutes in your State and who can answer all of your particular state divorce questions, including the question regarding avoiding a year separation period properly.

Concerning the separation period and its effect on your child, if you are convinced that you must separate and that there is no reason to believe that you will rejoin your spouse, I suggest that you terminate the relationship immediately, and get on with the rest of your life. The child will be best served by being in a stable environment, with a fixed regiment and the expectancy of a stable home, and should not be subjected to being in limbo for an extended period of time beyond that which is unavoidable.

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