Some states have stricter laws than others regarding the requirements for legal separation and divorce. North Carolina is one of those states. A couple that is considering filing for legal separation will want to contact a divorce attorney wilmington has available. They must understand the restrictions in regard to how legal separation relates to living arrangements and divorce in the future.
Legal Separation and Divorce Requirements
North Carolina requires a couple to be living in separate residences for a full year before they can file divorce. As soon as a married couple splits up, they are considered legally separated as long as at least one of them intends this split to be permanent. State law here does not address the concept of a so-called legal separation.
Problems With the Requirement
This makes it tough for two individuals who want to divorce in the future but can’t really afford to separate right now. They may still be getting along relatively well and would not mind continuing to share the household for a few months or so. It may be especially convenient if one of them travels a lot on business or is gone every weekend visiting family in another town. Unfortunately, state law does not allow a divorce attorney to proceed with a divorce filing if the two have not followed this regulation.
Dating Considerations
Caution must be exercised related to dating while living under the same roof. In North Carolina, if a spouse intends to request alimony, that request can be denied in court if evidence shows this person had been dating before separation. The other spouse’s divorce lawyer may present this type of evidence to protect the client.
Filing a Separation Agreement
When a married couple separates, they may want to file a separation agreement with the court. One spouse can be represented by an organization such as Rice Law, while the other is represented by a different lawyer to prevent conflicts of interest. This agreement covers aspects such as child custody and visitation, child support, and responsibility for ongoing debt payments.
A separation agreement is not necessary for a future divorce, although the couple must prove they have been living apart for the full year. A couple also can file a separation agreement even if they have no plans to end the marriage but will be living apart. They may have financial or other reasons to stay legally married.
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