North Carolina requires a couple to be "legally separated" for one year in order to file for a divorce. While a separation agreement is not required to begin the one year time period, it is often a great tool to use in addressing many of issues which will arise during a divorce. A separation agreement, for example, can address spousal support, child support, child custody, and property division.Living Separate and Apart
The law defines legal separation as when a party is physically separated with at least one spouse having the intent to end the martial relationship. Exactly when a couple legally separates can often be a point of contention. This is a pivotal date for obtaining a divorce and can dramatically impact your legal rights. If you are considering a divorce, contact us. It is imperative to have a knowledgeable attorney assist you with this difficult process. Whether it is to draft a separation agreement or review one which has already been provided to you by your spouse, contact an experienced attorney to help you protect your rights and make informed decisions.