How to File for Separation in North Carolina

Name: LegalService
Item: Remington & Dixon
Rating: 5
Author: Heather Joyner

Divorce in North Carolina is a pretty simple thing. There are only three requirements. Before you can file for divorce in North Carolina, you must be separated for a year first with the intention by at least one of the parties to get divorced, and one of you must live in the state for six months. It doesn’t even have to be you – if your spouse has lived in North Carolina for six months, you can file for divorce in whatever county your spouse lives in. It is worth noting, though, that if you or your spouse is required by work or some other to live apart from you for a year because of work – such as a military deployment or a temporary job assignment far from where you live permanently – that doesn’t count as a separation for the purposes of getting divorced unless there was also intent of one party to permanently end the marriage. Even so, divorce is pretty simple in this state.

Separation In North Carolina Is A Simple Matter

Separation at its most basic is even easier than the requirements for divorce: move out. That’s it. As long as you don’t maintain regular relations consistent with being married but truly live separate lives, then you are separated. There are no other legal requirements for separation in this state. There are no papers to file, no forms to complete, no required notice to the court. You can make things easier for the year-long separation by reaching a separation agreement with your spouse – particularly if you have children and marital property, such as a home you bought together after getting married – but even that is up to you.

Call Us Today to Schedule a Consultation with an Experienced Divorce Lawyer

You can file for equitable distribution as soon as you and your spouse are separated. To do so, you should talk to the Charlotte divorce law attorneys of Remington & Dixon. You can contact us online or by calling (704) 247-7110.

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Separation FAQs

If I Don’t Have a Separation Agreement, Can I Still Get Divorced?

If you are separated for a year and end marital relations, so long as you (or your spouse) meet the state’s residency requirements, then you can file for divorce at the end of that year-long separation. You will have to establish your date of separation to show that the year’s separation requirement has been met.

Does a Separation Agreement Make Getting Divorced Easier?

The short answer is, “no.” However, it might make your life easier during that one-year wait to file for divorce. Some married couples have few real entanglements to keep them together other than the legal fact of their marriage, but others have children, property, and investments together. If that latter case describes your situation, a separation agreement negotiated with your spouse can make that year pass a little more cordially.

Jennifer Dixon

Jennifer is a founding partner at Remington & Dixon, PLLC. Jennifer concentrates her practice in the areas of family law, wills & estates, unemployment benefits appeals, and traffic. At Elon University School of Law, Jennifer was the vice president of the Public Interest Law Society and a member of the Family Law Society. During law school, Jennifer interned at the Elon University School of Law Field Placement Clinic with Legal Aid of North Carolina where she represented clients in domestic violence court proceedings.

I can not say enough how awesome my experience with Remington & Dixon was. First of all, let me just say I have a bad habit of procrastinating and waiting to the last minute. I literally contacted them the night(not day but the night) before I was due in court and they responded quickly took my information, showed up for court on my behalf ( I did not have to go), and took care of a ticket I had received. No points, no suspension!!!!.......oh but wait it doesn't end there. After court, they sent me an email giving every detail needed regarding my case. Once again I procrastinated on getting an extension. No problem. Remington & Dixon went to court again for me and worked their magic...no joke. They not only got me over a month's extension but got my cost of court fees waived!!!!! Oh yes did I say all this great service came at a very very very affordable price? Well, it most certainly did. While I hope to not need their services again I would most definitely recommend them to friends, family, and strangers!!!!!

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Best lawyer in Charlotte!!!! I CANNOT express the gratitude and respect I have for Brandon Remington. The impact Brandon has made in my life, family, and career is beyond words. Brandon instilled confidence from our first consultation through compassion and sincere interest in my case and calmed me immediately. Brandon worked tirelessly and attentively on my case and answered all my questions promptly! I couldn’t have asked for a better outcome in my case! Brandon is a superlative lawyer and I will recommend him indefinitely!

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I highly recommend Mr. Remington as an attorney. I researched attorneys online and contacted the firm of Remington and Dixon for assistance with dealing with the NC Board of nursing in a licensing matter. Mr. Remington returned my call and I found him knowledgeable and professional. I hired him after our conversation. I went to his office and met him personally and was pleased. He represented my case and guided me thru the whole process. The matter was resolved and I am very grateful for his assistance. I would highly recommend Mr . Remington to any nurses in dealing with the NCBON.

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