Legal Question in Family Law in North Carolina

I was married in Fort Washington Maryland May 25th will be 15 years both of us reside in NC for the last 10 years, can I file for a separation in the state of North Carolina?


Asked on 3/14/17, 11:54 am

1 Answer from Attorneys

No. You do not 'file for separation' in North Carolina nor is there such a thing as a 'legal separation'. In North Carolina, one is simply either separated or not. Nothing more is required than actual physical separation (not living / residing together) and at least one of you has to have the intent not to resume the marital relationship. Meet those two requirements and you are as legally separated as you ever will be in NC. Further, there is no requirement that you communicate that intention to the other spouse. So in NC, it is possible to be what some people think of as 'legally separated' and not know it. Some people do have a formal written Separation Agreement done but it is not required and some people do choose to file their Separation Agreement but again there is no legal requirement that you do so and the only purpose for filing a Separation Agreement in NC is for safe keeping purposes - filing the Agreement does not make it any more or less legitimate.

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Answered on 3/14/17, 2:04 pm


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