ANSWERS: 1
  • Legal separation in North Carolina begins as of the date that spouses stop living together with the intent to separate. Under North Carolina law, spouses must maintain separate residences for a year and a day before they can divorce.

    Significance

    With or without a written separation agreement, a couple must live separately for one year before a divorce can be granted in North Carolina.

    Types

    No written agreement is needed to establish a legal separation in North Carolina, but some spouses sign a Separation Contract or even a much more detailed Separation Agreement & Property Settlement (SAPS) spelling out child custody or support, property division, spousal support or debt obligations for the separated spouses.

    Features

    One or more isolated incidents of sexual intercourse between the couple do not invalidate the separation. North Carolina's Rice Law firm points out that North Carolina courts look at a separation in terms of the "totality of the circumstances" to determine whether a couple has reconciled or if a separation is still in force.

    Time Frame

    If the couple reconciles during the legal separation, moves back in together and then once again decides to separate, the couple will have to begin a new one-year separation before obtaining a divorce in North Carolina.

    Considerations

    For religious, income tax or other financial reasons, some couples decide to maintain a separation without divorcing. A legal separation judgment from a North Carolina court resolves the issues around children and property that a divorce would, even though the couple will still be legally married. Legal separation documents do not dissolve the marriage, and separated spouses are not free to marry again unless they decide to actually divorce and return to the single, unmarried legal status.

    Source:

    RiceFamilyLaw.com: Legal Separation

    LegalHelpmate.com: Divorce

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