Are receipts for monthly rent admissible as proof of the date of separation?

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Are receipts for monthly rent admissible as proof of the date of separation?

My wife and I started living in separate homes on November seventh of last year. I have all the receipts from the date i moved in at my new residence. Would that be proof that we are separated?

Asked on June 23, 2012 under Family Law, North Carolina

Answers:

Brad Micklin / The Micklin Law Group

Answered 9 years ago | Contributor

Yes but they would only be needed if you are seeking to divorce on the grounds of 18-month separation. New Jersey has several reasons for which you can seek a divorce and 18-month separation is one of them. However, the easiest is irreconcilable differences which only requires that you indicate there have been irreconcilable differences that have caused the breakdown of her marriage and that those differences lasted more than 6 months. It is the closest thing to a no-fault divorce New Jersey offers right now.

If you're concerned that there could be proof issues, do not seek a divorce on 18-month separation and, instead, file for irreconcilable differences. It is the most common reason for divorce currently.

Jason Ostendorf / Law Ofice of Jason Ostendorf

Answered 9 years ago | Contributor

Yes. So long as another witness can also testify that the spouse does not live with you in the new residence, the receipts are admissible evidence of the seperation date.  Even without the receipts, you could still just testify as to the date of seperation. You should still consult with a licensed divorce lawyer.


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