Living separately


#1

My wife and I have been living separately for over a year now. We do not have a signed legal separation but neither one of us wants to remain married to the other. My question is this, 1) Does a legal separation order have to exist before filling for absolute divorce? And 2) If not what steps should I take to complete the process so that we both may move forward with our lives?


#2

No legal separation order is required to file for an absolute divorce. The requirement is that you have lived continuously separate and apart for at least one year and that you separated with the intent to remain separate and apart.

To get the absolute divorce process started, you will need to file a complaint for absolute divorce, along with a civil summons, and serve it by sheriff deputy or certified/registered mail on your spouse.

Take a look at our Sample Absolute Divorce Complaint.


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

We do have a six year old and have agreed on joint custody. Does that complaint still apply to my case?


#4

Yes, you can still use that complaint. If custody is not at issue, replace the paragraph about no children to say something like, “There was one minor child born to the marriage of the parties: Full Name of Child, born on Month Day, Year, and custody of said minor child is not at issue.”


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.


#5

Ok. Thank you for helping me understand.