Legal Separation
Legal separation in North Carolina begins when you and your spouse start living apart. A legal separation agreement or formal process is not required for a legal separation. The requirements are that the couple be living in separate residences and that it is the intent of one of the spouses to be separated.
IMPORTANT
This is the first step required for couples who intend to divorce. North Carolina law requires that couples be living in separate residences for at least one year and a day before they can file for divorce.
The law requires that couples actually be residing in separate residences. It is not enough to simply be living in different rooms in the same house. Isolated incidents of sexual relations during that period are generally not considered a reconciliation. However, for those who want to divorce, it is best to avoid any behavior that would cause the court to question your intent.
While a formal agreement is not necessary to be considered legally separated, some couples enter into a separation agreement that stipulates to the rights and obligations of each party regarding custody, child support, spousal support, and division of property and debt. Once signed by both parties, a separation agreement is a binding contract and therefore it is important to consult with a family law attorney before entering into such an agreement.
