Legal seperation not necessary?


#1

my understanding is legal separation happens the day the spouse moves out…you don’t need a separation agreement to document that…

i don’t think she can lie, i mean where did she move to, if an apt there will be the lease agreement etc.


#2

Your testimony on the date of separation is generally sufficient to prove the date and it is only very rarely contested.

The separation agreement is not about documenting the date of separation. It is for documenting the agreement about property, alimony child custody and child support.

Good luck.

Lee S. Rosen
Chief Executive Officer
Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
Rosen.com
(919)787-6668

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.


#3

if “The separation agreement is not about documenting the date of separation.” As Lee said, then, can I file for divorce after separation agreement? If we’ve already separated over a year? Or that separation agreement is better be called " property division agreement"?


#4

You can file for divorce after you have been separated for a year and a day, that is not impacted by whether or not you have a separation agreement. You need to have a separation agreement or a pending action for Equitable Distribution in order to preserve those issues once the divorce is finalized.

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

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301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

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1829 East Franklin Street
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Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

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.


#5

I have recently been informed that “legal seperation” isn’t necassary as far as being on paper. Is this true. The time for the 1 year that you have to be seperated starts when i moved out two months ago right? What if she lies about when i moved out just to prolong things? How does the attorneys or judge know who to believe when it comes time to serving divorce papers in 10 months? If she refuses to sign a seperation agreement then what do I do, just wait for the year to pass?