Separation


#1

If a couple cannot feasibly afford to live in separate residences, but wish to divorce, is there a lawful way for their 1 year of separation to be met?


#2

It is my opinion and understanding that you must live separate and apart for at least a year before divorce. The basis for a divorce being granted under N.C.G.S. 50-6 is upon separation of one year, and case law tells us that “the material aspect of this statute is the requiremetnt that the parties have lived separate and apart for one year prior to institution of the suit.” Myers v. Myers, 62 N.C. App., 291, 302 S.E.2d 476 (1983).