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Rech Law, P.C. Rech Law, P.C.
Charlotte 704-659-0007 Monroe 704-228-4488 Cornelius 704-228-2790

Do You Have to Be Separated For a Year to Get a Divorce in NC?

couple separation in north carolina

How Does Separation Work in North Carolina?

Making the decision to separate is difficult, and the time leading up to when you can officially file for a divorce can be hard to get through.

Before you can officially file for a divorce, unlike most states, in North Carolina, you must be separated for at least a full year, whether you’re filing legal documentation or not.

Here’s what you need to know.

Legal Separation in North Carolina

A legal separation is a court decree that states that you and your spouse are separated. In order to fulfill this requirement, you have to live apart from your spouse and in separate households. Separation begins on the date you move out of your home.

To prove that you’ve met this requirement, you can hire a family law attorney to draft and file for legal separation for you. This isn’t a requirement, but it will help you if you’re serious about your divorce.

However, there are some cases when filing for a legal separation is necessary such as in abusive relationships, after an affair, or if your spouse refuses to move out of your home during the separation period.

Proving Your Separation Without Filing Legal Separation

If you and your spouse don’t decide to file for separation with the court, there are other ways you can prove your separation. Here’s how you can support your case once you’ve moved out of your family home:

Collect Documents in Your Name

Keep documents from signed rental agreements that are only in your name. Keep any records that have your new address printed on the front. This can include your mail, bank statements, medical bills, or any signed agreements that required listing your address as a place of residency.

Collect Bills in Your Name

Make sure all of your utilities are in your name, such as electricity, gas, and water. This can help you prove that you actually lived at your new residence, and the dates can back your claims for however long you lived there.

Being able to prove your separation can prepare you for the first steps in your divorce, especially when you have a skilled Charlotte divorce attorney on your side.

Consult a Reliable Family Law Attorney

Before you take the first steps to file for legal separation or divorce, reach out to Charlotte family law attorneys who has the experience to represent your best interests. Rech Law, P.C. can guide you through your separation with care and concern.

Give us a call today at (704) 659-0007 to schedule your initial consultation.

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