If you’re considering divorce in North Carolina, you may already know that spouses generally must be separated for at least one year before filing for an absolute divorce. But what actually counts as being separated?
What Qualifies as Separation in North Carolina?
Under North Carolina law, separation generally means that spouses are living separate and apart, with at least one spouse intending for the separation to be permanent.
Living under separate roofs is typically the clearest way to establish that a separation has occurred. However, every situation is different.
For example, questions can arise when spouses live on the same property but in separate structures, such as a detached garage apartment, accessory dwelling unit, or second home. Whether a particular living arrangement satisfies North Carolina’s separation requirements can depend on the specific circumstances.
Intent also matters. If spouses resume their marital relationship during the separation period, it may affect when they become eligible to file for divorce.
Do You Meet North Carolina’s Separation Requirement?
Unusual living arrangements can make it difficult to determine exactly when a legal separation began and when you may be eligible to file for divorce.
Attorney John McKnight can review your circumstances and help you understand how North Carolina’s separation and divorce requirements apply to your situation.
Contact McKnight Law to discuss your separation or divorce.
Raleigh Office: (919) 413-7002
Fuquay-Varina Office: (919) 219-8820
This article is for informational purposes only and does not constitute legal advice. The circumstances of each separation and divorce are different.
