There is no such thing as “legal separation” in NC. Your separation begins the day that one of you move from the marital residence and begin to live separate and apart from one another.
It sounds as though you have already had a separation agreement signed and notarized so that is really the only thing that is needed.
You can not file for absolute divorce until after the one year and one day of separation required is past.
When either of you file for divorce the other will have 30 days to respond. If whoever is served with the papers signs them and returns prior to the 30 days, the divorce should be granted quicker. If the other person does not sign, you must wait the 30 days, go to court and testify before the judge that all the information in the agreement and divorce request is valid. Then the divorce would be granted based on the one year separation.
Hope this helps.
Yes, that helps a lot. So, there is nothing that I can do now? I was told that the day I got a different mailing address that proved that we lived separate. Is that true?
Also, we don’t have anything holding us together. No kids, property, or anything…So, as long as he signs the papers, how long does it take for the divorce to be final?
Yes that is true. And no, there is nothing to do now but wait for the time pass.
If he signs the papers, it shouldn’t take long at all. I’ve read where some have had theirs final in two weeks. For others, with the papers signed it still takes 30 days. If the papers are not signed it could take up to 45. I don’t believe not much longer with no other issues still unresolved.
There is nothing you need to file for a legal separation, when you file for divorce you swear under oath as to the date of separation. Before filing for divorce you probably should have an attorney review the document that you signed and make sure all your legal rights are protected. You cannot serve him or do anything regarding the divorce until one full year has passed.
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details
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
Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (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.
In NC, a divorce can be granted one year and one day from the date of separation. During that year and one day, however, all property issues, alimony issues, etc. can be decided and agreed upon. Then, it’s a matter of time only.
Yes, if you have no property issues and neither party is entitled to alimony then there is nothing to do but wait.
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details
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
Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (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.
I live in NC and me and my husband started living separate on April 4th of this year. He brought me some papers before this and we had to fill them out and get them notarized at the bank. They were talking about what was mine and what was his and so forth.
Anyways, now it has been 6 months and I am ready to get the process of this moving. I have heard that just because you say that you have been living separate, that doesn’t mean anything. Do I have to have papers filed for a legal separation? I don’t want the year to pass and have to wait another year because I didn’t do something right.
Also, with there being 6 months left, is there anything that I can do now. Can I get divorce papers served to him and get everything done ahead of time so that when the year is up, we can be divorced?
I hope all of this makes since. I really hope that someone an help me!