What is Reconciliation? Will it Affect our Period of Separation?

In North Carolina, Reconciliation is the resumption of marital relations and voluntary renewal as husband and wife, which is judged by the totality of the circumstances. In the event that two spouses engage in isolated incidents of sexual intercourse, a court will not consider this to be a marital resumption that arises to the level of reconciliation. Yet, it has been held in North Carolina case law that if two separated spouses are holding themselves out to the public as husband and wife, even without sexual intercourse, reconciliation may occur.

In the event that two individuals do reconcile, the North Carolina statutory one year period of separation for a divorce will restart. Additionally, depending on the language placed in a Separation Agreement, reconciliation may have the ability to void a Separation Agreement in part or whole.

Furthermore, it is important to note that reconciliation will change the date of separation, which may have a dramatic effect on the value of an estate, especially with the current volatility of some retirement accounts that are held in stock portfolios. If you have questions about your pending Divorce proceedings, contact a Charlotte, Divorce Attorney at (704) 222-4752.