Legal Separation in North Carolina – When are We Legally Separated?

When most people decide to marry, they expect that they will be with a lifelong partner for better or for worst. Unfortunately, sometimes the worst gets the best of marriages. If you have found yourself in this situation, you and your spouse may have to make the unfortunate decision whether you want to continue the marriage, seek marriage counseling, or to separate and eventually divorce. In the event, you have decided to separate, it is important to understand what constitutes a legal separation in North Carolina, as not adhering to North Carolina’s separation requirements can prolong a divorce. Because of this, if you or a loved one is seeking information in this area, contact an experienced North Carolina separation attorney to strategize about the best possible outcomes for your situation.  

Legal Separation in North Carolina

In North Carolina, the date that a legal separation begins is the date when you and your spouse move into separate residences with the intent to live apart from one another permanently. It is important to note, that simply living in different bedrooms are not enough. You must physically separate and with that separation one party must intend to do so permanently. Also, in North Carolina, for a legal separation to occur, a couple must be separated for one year and a day before the filing of a divorce can occur.   This time frame allows spouses the opportunity to reconcile the relationship if they so choose.

In the event you decide to separate, a separation agreement is not required, however, depending on your assets and if children are involved it could be in your best interest to have. Separation agreements allow for you and your spouse to come to a resolution regarding custody and property division without involving the courts. Separation agreements are, generally, favorable as it is most cost efficient and less emotionally draining. Though these agreements can be negotiated and drafted without an attorney it is in your best interest to seek an attorney as an attorney has the knowledge base to adequately negotiate a separation agreement as well as help you prepare for the things that you may need in the event you decide to go through with the divorce.  

Need Legal Advice? 

Deciding to separate is never easy and can be overwhelming. This is especially so if you are the person having to leave the marital home or be without your children. Though it may be a difficult time for you, coming up with a separation plan and understanding the requirements regarding separation are in your best interest. These requirements can become confusing, especially when you are also trying to juggle your new life style, however, having an experienced separation attorney on your team can help you through the process, as well as remain an advocate for you in the event you decide to divorce. If you or a loved one is seeking a separation, contact an experienced North Carolina separation attorney at The Law Office of Dustin S. McCrary to help you determine the best strategies for your situation. You do not have to go through this process alone. We are here to help you! Contact our office today!

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