Legal Question in Family Law in North Carolina

North Carolina

Is it possible, perhaps through a separation agreement, that both spouses may coexist in the same household while separating for a year and a day prior to the divorce?


Asked on 12/24/15, 1:49 pm

1 Answer from Attorneys

Despite the odd, hippy / new-age quality of your question, I understand what you are asking and the short answer is NO!

However, the answer to your question as it is worded is: Yes, you may certainly hippy out and 'coexist' with your spouse in the same household for 'a year and a day' prior to the divorce if you want and you don't even need perhaps a separation agreement - its just that after the 'year and a day' is over you likely won't be eligible to divorce in NC until you have lived separate and apart for one year (meaning not in the same house). Oh, and NC law only requires one year of separation not 'a year and a day'. I know 'a year and a day' has this catchy whimsical ring to it and even a lot of actual divorce attorney's like to say 'a year and a day' but law says one year and not even one little hint of a peep about an extra day. The 'and a day' part was informally added as a way to keep potentially minimize idiots from miscalculating a full year.

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Answered on 12/28/15, 12:29 pm


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