Legal Question in Family Law in North Carolina

Re: separtion

You can file them, but they generally don't count. In North Carolina you generally need to be physically separated (separate addresses) for the 1 year separation period to begin.

Re: separtion

You might consider filing a claim for Divorce from Bed and Board if the facts support the claim.

A divorce from bed and board may be filed while the parties are living together and one purpose is to force a judicial separation.

If granted, one spouse must physically move out.

You can't be separated and live together. There is one case in North Carolina where the spouse moved out and then moved back into the basement with a locked door between the basement and the main house and the Court held that they remained separated but the facts were unique.

Generally -- you have to live apart and one spouse has to have the intent to live separate and apart to be legally separated.

Consider getting a referral from the NC Bar Association and talk with a local attorney so that the full facts can be obtained and you can get advice tailored to your particular situation.

Best wishes,