A definition of "separate and apart" needed

Yes, that would be separate.

Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

I am contemplating separation from my spouse, but want to know if the following scenario would be considered as living “separate and apart” as define in the statutes. We have a separate apartment on our property that we have rented out in the past. It has its own “address” according to the USPS, its own electricity, phone lines etc etc…and it is not at all attached to the main house. While I know that living in separate bedrooms ain’t gonna cut it, I would like to know if moving into the apartment on our property would be considered “separate and apart” in the eyes of the court. We are trying to minimize the impact that this would have on our children as well as the financial impact that this would have on having to go and duplicate a new household during the separation period. Thanks!