Question regarding separation

Dear sassy1977:

Greetings. I answer this question every day…I promise I do. No one in North Carolina ever files for anything called a “legal separation.” In NC, parties to a marriage are legally separated when either party moves out of the marital residence and one of the parties intends the separation to be permanent. Therefore, it will be enough that you have not lived together since 1/31/04 and that you wanted this separation to be permanent at that time. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607

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.

[?]My fiance is still married but has not lived with his wife for a few years. he has no intention of getting back together with her. he does however have a grandaughter that lives there that he goes to visit every two weeks. they never filed separation, but he wants to so he can get a divorce. before he left, he gave her the land, home, car and everything. the only thing he took was his personal belongings. she had a job, but now has emphysema and does not work. she is trying to get disability. she is also the type of person who would contest the divorce. what does he have to do? and how do you think it will turn out? will he have to pay alimony?thanks

I left my husband at the end of January but I did not file for a legal separation. My question is, do I have to file for a legal separation before I can file for divorce or will it be enough that we have not lived together since 1/31/04?