In North Carolina, the act of separation is important because in order for a married couple to get a divorce, they must remain separated for a period of one year at least. Separation begins when a husband and wife begin to live apart from each other and when one or both parties have the intent to remain separated. During separation, the husband and wife cannot live under the same roof and are restricted from certain activities which, if committed, will reset the year-long separation period.

It is not legally necessary to file a formal separation, but it is possible in North Carolina to create a legally binding separation agreement and many people recommend doing this. Separation agreements can be helpful to have, especially if issues such as children, debt, and property are shared between spouses.

If you are separating and would like the advantage of professional legal advice from a caring team of lawyers, call Everett Law Firm, P.A. at 919.942.8002 or toll free at 800.942.8048. We look forward to serving your individual needs.