There is no such thing as filing for legal separation in NC. Separation begins the day that one of you move from the marital residence to live separate and apart from each other.
One year and one day of separation is required prior to filing for divorce.
you can not live together. If you are living together, you are not separated.
Who leaves the marital property is decided between the couple. There is nothing that states who must leave, only that one of the couple must leave the marital residence and begin residing elsewhere for the year separation to begin.
I believe that you can file charges for communicating a threat. I am not certain that threats alone would be enough to warrent a restraining order, but they probably have been given for less on occasion.
North Carolina does not have a specific legal status of separated. You are legally separated on the date you begin to live separate and apart. You must actually live in two separate residences to be considered living separate and apart. You must be separated for one year and a day before you an file for divorce.
If your spouse is threatening you, you can absolutely file for a domestic violence protective order. You can find information about it on our website or you can contact Interact, with is a victim advocacy program.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780
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