Legal Question in Family Law in North Carolina

There is no such thing as a "legal separation" requirement in NC. If you do not want to be married anymore then you and your spouse simply agree to live separate and apart for one year before either of you file for divorce. Separation is not usually an issue - if you wait for one year and file for divorce your spouse could try to object, but he/she will have to provide some evidence to rebut the allegation. To protect yourself, I suggest that you get a lease agreement showing when that occurred or some other written evidence (like utility bills etc.).

That said, it is a good idea to pay a lawyer to draft a marital settlement agreement for you outlining the date on which the parties will separate and providing that either party will be free to date others without worrying about an alienation of affection or criminal conversation suit against the new boyfriend or girlfriend. Other matters, such as division of marital assets/debts, the custody and support of children and the issue of spousal support/alimony can also be addressed.

If money is an issue and you have a very simple case in which no children or assets are involved, and if you get along reasonably well with your spouse for this purpose, then, in that case, I suggest that you both sit down with a piece of paper and decide who will get what, who will be responsible for what debts and recite the date on which you will separate, etc. As long as there is full disclosure to each other and you both sign and notarize the agreement that you draw up, it will be valid.

You obviously need a separation in order to start the clock running for divorce. There are circumstances in which neither party wants to leave the marital home. In such case, dividing the house in half does not count and you both residing there does not really count. One party has to go and if neither wants to be the one then either party can apply to the court for a divorce from bed and board, which is the same thing as a legal separation. You have to establish the grounds on which the separation is based. However, this is not something which you should be doing on your own and in such case, I would recommend that you get a lawyer.

Provided that you and your spouse agree, I can draft marital settlement agreements for you for a reasonable fee. Your spouse would have to get their own attorney if he/she desired. Please contact me at [email protected] if you are interested.

Only in the instance where neither spouse will leave the marital home