Legal separation period necessary?


Dear smartiepants:

Greetings. As long as one of you had the intent to remain permanently separated when you moved out in September 2003, then you were legally separated.

Legal separation in North Carolina is the date that one of the spouse’s moves out of the marital residence and one of the parties intends the separation to be permanent. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
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.


My husband and I have lived completely apart since September 2003. I moved into my parents home, and my husband retained our home. Since I have lived apart from my husband for almost a year, will it be necessary for us to have the 1 year legal separation period before we can be officially divorced?