Legal Separation & then move to another state for divorce...?


#1

I will be moving out soon from our house in NC, and in order to receive $$ to do so I assume I need to get a legal separation for financial relief from my spouse. I intend to move to another state and then file for divorce from there. If I have a legal separation in place in NC, how will that be impacted if I file for divorce from another state? My main concern is that I receive sufficient monetary support to make this move and survive. Not sure how this works, or IF it works.


#2

There is no legal separation document in North Carolina. All you need to do to effectuate a separation for absolute divorce purposes in NC is for one spouse to move out of the marital residence with the intent to remain permanently separate and apart (this is assuming no abandonment claims).

It may help in your situation to execute a separation agreement contemporaneously with separating and relocating. That way you have a legally binding document that discusses the separation and addresses the division of marital property and debt as well as alimony/spousal support. Otherwise, you would have to move out and file for postseparation support, alimony, equitable distribution, etc. in NC because NC has jurisdiction.

You can likely file for divorce in another state once you become a resident of that state.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.


#3

So if I get a “separation agreement” in place here in NC prior to moving out of state, and if I file for divorce from that other state, will the separation agreement in NC still be binding? Or would I have to start over following the guidelines of the new state?


#4

The separation agreement in NC will still be binding - it is a contract between Husband and Wife and does not become unenforceable simply because one spouse moves out of state. NC law will continue to govern the separation agreement.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.