Legal Seperation

My soon to be ex-spouse has been told by her lawyer that the state of NC does not do legal separations and that we have to file our tax return as joint. We have been living apart since May of 09. From what I understand, a legal separation starts when the two live apart. I believe she’s lying but wanted to ask on here to make sure.

There is no legal separation in this state, however you may file as “married filing separately”.

The first rule of thumb in divorce is NEVER take legal advice from the ex or their attorney. :slight_smile:

The IRS dictates the rules. The IRS website has tons of information. You can file “married filing separately” as Erin said but you might qualify to file under a different distinction. Check the website.

If you are separated, you may file as either Married/Filing Jointly, or Married/Filing Separately. (Head of Household is also a possibility, if you meet the requirements.)

Advantages of M/FJ: Usually, lower tax liability.
Advantages of M/FS: If your STBX is playing games (or you think they might), this would make sure you didn’t have liability, plus you only need minimal communication with your STBX.

I am trying to help a friend. I have a couple questions:

  1. In Texas my ex was able to mark out something that she did not agree with on the notice papers and initial. That kept that part from being part of the papers. Is that something that can be done and would it hold up in court in North Carolina? EX. Her soon to be ex wants to put that she cannot take the kids out of the county without his knowledge, or it could be his permission. She does not believe that she wants that, as she is trying to move to Texas for a better job.

  2. Is there a standard visitation agreement for the state of North Carolina? If there is, where can one find it? OR Is it just something hashed out in the separation papers?

  3. Can one move to another state and still finalize separation and divorce papers?


If you are referring to a court Document, no. Crossing through an allegation does not negate the same.
There is no standard visitation. Every case is based on what is in the best interests of the children involved.
A party can move to another state, and that will not affect the divorce and or property settlement, however if children are involved it is best to reach an agreement regarding custody, or have a judge rule on the same prior to a move.