There is no such thing as “legal separation” in NC. You are separated the day that you begin to live separate and apart. You can have a separation agreement drawn up to divide property, state custody and child support arrangements. This makes things easier when the one year one day separation required in NC is over to file for absolute divorce.
If your stbx has sent you a separation agreement to sign, then I suggest having an attorney look over it before you sign. Don’t sign anything you are not comfortable with. You can also make adjustments and send it back for his approval. There is no time limit on this. You can still be dividing property long after the divorce as long as it is filed for prior.
If he has sent you the papers for absolute divorce, then you have 30 days to respond. But he can not file for absolute divorce until you have been separated for one year and one day.
There is no means for filing for a legal separation in North Carolina. If a court action has been commenced, generally you have thirty days to respond. An action for custody should be riled in the state and county where the children have lived for the last six months.
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 am living in Louisiana, and my husband has filed for a legal seperation in the state of NC. Do I have a limited amount of time to respond to this, or can I wait until I have been in the State of Louisiana and file for a change of venue and at that time? I have our two children with me.