Legal Separation in North Carolina

In North Carolina, there is no such thing as a legal separation. As soon as one spouse moves out of the marital home, a separation has begun. It is not necessary to file anything to become legally separated. In fact, the only requirements for a recognized separation in North Carolina are (1) living separate and apart in different residences and (2) no intent to resume the marriage by at least one of the parties.

What if we stay in separate bedrooms?

North Carolina law requires that spouses live separate and apart in two different households. Living under the same roof and sleeping in separate bedrooms does not meet that requirement.

What if we reconcile but then separate again?

If you live separate and apart from your spouse and then move back in together to try and work things out, your period of separation ends. If your attempt to reconcile does not work, then the date of separation will start over with a second separation date.

What happens when spouses separate?

There are many issues that may arise prior to, during, and after spouses decide to separate. Such issues may include: child custody and support, post-separation support and/or alimony, and equitable distribution of property. Ideally, these issues are addressed prior to separation. 

The experienced Attorneys at Robison Smith Law can advise you as to the best way to handle your unique situation.


If you are ready to move forward, please contact us now.

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