Dear Chell:

Greetings. You do not file for legal separation. Legal separation in North Carolina is defined as the date that either of you leave the marital residence and one of you has the intent that the separation will be permanent. Then, you must remain separated and apart from that date.

Remember that you waive the claims of alimony and equitable distribution when the divorce judgment is entered by the judge. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
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.


In order to file for a divorce one year and one day after my husband moved out do we have to file for legal separation? We do not have any children and there are no items to split.

Is there any other information I need to know at this point? Thank you in advance for your assistance.