NC Family Law Specialist Practice Questions - North Carolina State Bar Certified Specialist - Family Law Exam

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Spouses separated on March 1. In June, while still living apart, they spent a single weekend together and had sexual relations, then returned to separate residences. The plaintiff filed for absolute divorce the following March. How does the isolated weekend affect the one-year separation period under N.C.G.S. 50-6?

It does not toll the period because isolated incidents of intercourse do not interrupt the statutory separation It restarts the one-year clock from the date of the encounter It permanently bars any divorce based on that separation date It converts the action into a fault-based proceeding

Correct Answer:

It does not toll the period because isolated incidents of intercourse do not interrupt the statutory separation

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