Divorce Questions

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


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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

When a spouse files for a legal separation what does this entail?

How long does a couple have to be separated before a divorce is final?

Do they have to live in two separate households OR can they live under the same roof if they are NOT functioning as a couple?

Does the spouse who is filing for the legal separation have to leave the premises?

Can I take out a restraining order on my spouse for threatening me?