In NC you must be living separate and apart from each other for one year and one day to be considered separated. You do not have to have an agreement to be separated but you can not be living in the same house. One of you will have to move or the separation can not begin. If your husband does not want to separate and you are thinking of lying to the courts, keep in mind that that is perjury and could be prosecuted as such. It could also invalidate any agreements that are made and begin the one year separation over.
If my husband and I live apart, even if he doesn’t want to separate, we don’t have to sign any “agreement”, and we can be considered separated, right or wrong? Since neither of us can afford 2 separate dwellings, can we live in the same house as separated? Will this need his signature to state we are in the same household, yet separated? If this is true, I guess we people who cannot afford to live on their own and want the pre-requisit for divorce (one year, one day) are just s#@% out of luck.
lisa t. logan