Charlotte Divorce Lawyer Blog
What is the Mandatory Separation Period in North Carolina?
North Carolina, like other states, has simplified divorce by allowing for no-fault divorce. No-fault divorce allows couples to end their marriages because of irreconcilable differences. Although you do not need to prove fault to end your union, you do need to complete a mandatory separation period. North Carolina is one of only a handful of states that requires couples to live apart before they can file for divorce.
Mandatory Separation Requirement
North Carolina law is one of the strictest when it comes to absolute divorce. Those who wish to obtain a no-fault divorce must comply with a mandatory one-year separation period before they can proceed. Couples must live apart for a period of at least one year with the intent to end their marriage. Spouses cannot fulfill the criteria if they live under the same roof, even if they are in agreement that they want to divorce. If a couple gets back together during the separation year, they must restart the separation period.
Requirements for Separation Period
To qualify for a no-fault divorce, couples must meet the requirement of a separation period. The separation period is currently one year. Couples must be able to prove that they resided in different places during their separation. You can prove separate residences by providing identification with your new address, as well as bills or bank statements with your current address. You may also have witnesses testify to your separate residences. If you have marital relations during this period, it could impact the separation requirement.
Will North Carolina Reduce the Separation Period?
A bill was introduced that would reduce the length of time a couple must be separated prior to divorce. N.C. S626, also called the Domestic Violence Divorce Reform Act, provides for a separation period of six months instead of a year. The bill is still going through committee and may or may not move forward. The bill also allows for two notable exceptions. Couples who mutually agree to an uncontested divorce and have no minor children may waive the six-month separation requirements. A victim of domestic violence may also be allowed to waive the separation period.
Fulfilling Mandatory Separation
Couples who want to divorce must work out the details of their separation. One or both parties will need to move out of the marital home. This means that you and your spouse should come to an agreement as to how to split your finances and how to pay for both places. Your separation is the first step towards ending your marriage. You can use the separation time to work out the details of your settlement terms, such as those concerning division of property, child custody and visitation, and spousal maintenance. A legal separation may be helpful, although it is not required.
You may have some questions about separation and divorce in North Carolina. Our experienced divorce attorneys are here to assist you every step of the way. Contact our legal team today at Arnold & Smith, PLLC, at (704) 370-2828 to schedule a consultation.
The family law practice group at Arnold & Smith, PLLC includes four 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.law.cornell.edu/wex/no-fault_divorce
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https://www.freeimages.com/photo/businessman-talking-with-couple-2384656
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