Legal Separation


#1

Hello,
I have been living separately from my husband for several years, but when I left him I did not go to a judge and have no documentation of being separated. Am I legally separated anyway? Is there any document I can ask for stating this? What is North Carolina’s law regarding legal separation?


#2

You do not have to have a formal document in North Carolina to be considered separated. North Carolina counts spouses as being separated when they live continuously separate and apart. So yes, as long as you and your husband have lived continuously separate and apart since the day you separated and ceased to live together, then you are considered separated for absolute divorce purposes in North Carolina. There is no document that states you are separated unless you and your husband decide to enter into a separation agreement.

Your husband would not have any claim to the property and assets you’ve acquired since the date of separation if you acquired these assets with funds earned after the date of separation and you did not use any marital property or funds to acquire them.