Share:

In North Carolina, couples must go through a legal separation before filing for divorce. If you are considering divorce, you should know what the law requires. The following guide will help you understand these processes and the differences between each.

How Legal Separation & Divorce Differ

What Is Legal Separation in North Carolina?

A legal separation means you and your spouse live in different residences, with at least one of you intending the separation to be permanent. If both of you still live in the same house, then you are not legally separated — even if you have stopped engaging in intimate relations.

What Does Divorce Involve?

legal-separation-Albemarle-NCYou must file a complaint in court to obtain a divorce. Before filing, you must be legally separated for a year and a day or more. One of the spouses must live in North Carolina at the time of filing and have lived in the state for at least six months. Your spouse does not have to agree for you to obtain a divorce.

What Are the Biggest Differences Between Separation & Divorce?

Under a legal separation, spouses are still married. The law does not require a written separation agreement, although some couples prepare them to resolve matters, including custody and financial issues.

A divorce ends the marriage legally. To start the process, you or your spouse must file a complaint for divorce and other documents with the  court in the county in which one of you lives. If you have a written separation agreement, you can use it to prove legal separation and incorporate it into the final decree of divorce.

 

When facing legal separation or divorce, you need sound advice from an experienced divorce attorney. The Fulcher Law Firm offers 18 years of experience in family law and delivers it with compassion and professionalism to help you achieve the best outcome. Conveniently located in the heart of Albemarle, NC, this full-service law firm advises and represents individuals throughout Stanly, Anson, and Montgomery counties. Clients receive wise counsel and skilled representation, including preparation of legal separation agreements and completion of the divorce process. Visit the firm’s website for more about how a dedicated divorce law attorney can help you, and call (704) 984-6060 to schedule a confidential consultation appointment.

tracking