Charlotte Divorce Lawyer Blog
When a couple decides to end their marriage, they need to follow the laws of their state. North Carolina has a strict requirement for couples to reside apart for a period of at least one full year before they may proceed with a divorce. This mandatory separation period is necessary in order to seek an absolute divorce in North Carolina. Learn how to meet the separation requirement in order to get a divorce.
Separation Requirement
North Carolina requires couples to live apart with the intention of divorce for a year before they end their marriage. Couples must have different residences during separation. They must not get back together during this time period. If you do get back with your spouse during this time and then later decide again to divorce, the one-year clock starts over. Couples cannot be separated and continue to reside in the same home, even if they intend to divorce.
Proving Separation
Couples are required to provide proof that they followed the law and lived apart for a full year prior to divorce. You must be able to show that you and your spouse resided at different addresses for the entire year and intended to divorce. You can prove separation through your own testimony, through the testimony of witnesses, with bills and receipts, a lease, a driver’s license, and other documentation. In addition, if you have a separation agreement, that will be useful in proving separation.
Do We Need a Separation Agreement?
You are not required by law to have a separation agreement in order to separate. However, an agreement is a useful document. A private separation agreement outlines the details of the separation and is a contract between the parties. It provides details on child custody and care, parenting time, financial stipulations, and any other necessary information. An experienced family law attorney will assist you in implementing a fair separation agreement.
What is Legal Separation?
In North Carolina, you are considered to be separated when you begin living apart in preparation for divorce. However, a separation agreement is a legal contract that will provide you and your spouse with guidelines for the separation period and subsequent divorce. It is helpful to know that North Carolina offers divorce from bed and board. This is a way to legally live separate lives and resolve matters regarding child custody and visitation, and financial matters such as the distribution of property. Divorce from bed and board is a court-ordered legal separation. Divorce from bed and board requires you to prove one of a list of grounds. However, a divorce from bed and board does not end the marriage, and thus, parties would not be free to remarry. You must still seek an absolute divorce in order to completely end your marriage.
Separation and divorce can seem somewhat complex. An experienced divorce attorney will guide you through the process to make it easier and less stressful. At the same time, your lawyer protects your rights and ensures a fair settlement resolution. To learn more, schedule a consultation with our legal team at Arnold & Smith, PLLC, at (704) 370-2828 today.
The family law practice group at Arnold & Smith, PLLC includes multiple Board-Certified Family Law specialists and one Child Welfare Law specialist, as well as several attorneys with many years of family law experience that are committed to providing a powerful voice to individuals facing the often-tumultuous issues in this area of law.
The range of issues our family law clients may be facing include pre- and post-nuptial agreements; separation agreements; post-separation support; child support (both temporary and permanent); absolute divorce; divorce from bed and board; military divorce; equitable distribution of assets; child custody (both temporary and permanent); retirement benefits and divorce; alimony and spousal support; adoption; and emancipation. Because this area of the law is usually emotionally charged and complicated, the family law attorneys at Arnold & Smith, PLLC act with the utmost dedication to ensure that each client understands his or her options, and then act to achieve the best result possible for that client’s particular situation.
Source:
https://www.nccourts.gov/help-topics/divorce-and-marriage/separation-and-divorce
https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_50/gs_50-7.html
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Separation in North Carolina
Getting Separated in North Carolina