“Legal” Separation in North Carolina?

Did you know there is no “legal” separation in North Carolina?  Many other states have a judicial process by which parties can be “legally separated” before a divorce is finalized.  However, in North Carolina, all that is involved in being separated from your spouse is this: one spouse moves out of the marital residence.  The date which the one spouse moves out of the marital residence is known as the “date of separation.”  You cannot simply move into another room in the marital residence.  You must leave the home and cease cohabitating with your spouse.

Upon being separated for a year and a day, you may file for absolute divorce in North Carolina.  Separation for this time period is the only no fault claim for divorce in North Carolina.

But what happens during that year and a day?  Find out in next week’s blog!

If you have any questions about separation, please contact The Law Group to set up a consultation! 910-251-6088