How to File for Legal Separation in North Carolina

By Beverly Bird

Legal separation is one of those terms that can mean different things, depending on where you live. Some states don't recognize it at all – including North Carolina. The state doesn't recognize a judicial process resulting in a separation decree. Separation is still a pivotal aspect of the state's divorce laws, however. You can't file for it, but you generally cannot get divorced without it.

Legal separation is one of those terms that can mean different things, depending on where you live. Some states don't recognize it at all – including North Carolina. The state doesn't recognize a judicial process resulting in a separation decree. Separation is still a pivotal aspect of the state's divorce laws, however. You can't file for it, but you generally cannot get divorced without it.

Separation as Grounds

North Carolina's only divorce grounds include separation for a full year, or incurable insanity on the part of your spouse. For obvious reasons, most divorces are granted based on the couple's separation. You don't have to file anything with the court to begin or document your separation – you and your spouse must simply move into separate households. After a year, you can file for divorce. If your spouse doesn't contest your divorce by saying that you really haven't been separated that long, your word for it is good enough for the court.

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Separation Agreements

You can enter into a separation agreement with your spouse while you wait out the year, but it's not required. In North Carolina, the court can simply terminate your marriage without addressing issues such as property, support or custody. If you want to enter into an agreement, nothing stops you, but if you do, this doesn't mean you're legally separated. It just means you've paved the way for an uncontested divorce and you won't have to file separate pleadings so the court can rule on issues of property or your children. Your separation agreement acts as an enforceable legal contract, so if you don't ultimately divorce and incorporate the terms into a decree, you can still enforce them in civil court.

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Separation Laws in Virginia

References

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Separating vs. Divorce

Whether to legally end your marriage or just establish a separate life from your spouse is a highly personal decision. Depending on your goals, there are pros and cons to each option. Divorce is final, whereas separation enables you to take your time about ending your marriage while still protecting your interests.

Do You Have to Be Separated for 6 Months to File for a Divorce?

How long you and your spouse must live separately before you can file for divorce – or if you even have to live separately at all – depends on where you live and the grounds on which you file. In some states, if you cite no-fault grounds, no separation period is necessary. You can file on most fault grounds right away in many states as well.

Divorce & Separation in Tennessee

Whether to completely terminate your marriage or just separate from your spouse is a highly personal decision. Tennessee is one of a handful of states that recognizes both separation and divorce in a similar light if you find yourself struggling with the choice. It provides for separation by court order, much like a divorce decree. Although the legal process is virtually identical, a few differences exist.

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