Do we have to maintain separate residences to qualify for legal separation?

We know this is the path we want take, but financially and for the stability of our yound daughter, it’s just not reasonable at this time. We have a large enough house that it’s practical to live “apart,” and still be in the same home.

I travel frequently for work and my husband does on opposite weeks that I am in town.

any advice is welcome.



I sympathize as the requirement seems archaic. However, from everything I’ve recently read about the same subject for NC separation, unfortunately the common theme from all sources I’ve found is always the same: That the spouses must be physically separated.

Can’t share the same dwelling unless it is physically built similar to a “duplex” with two completely separate living quarters that simply happen to be under a large common roof…but have no shared areas like a kitchen / bath, etc.
An archaic, intrusive law that only adds hardship to a couples already unfortunate situation as far as I’m concerned.
(But there’s always the chance that I may have misunderstood what I’ve read…Google will give you many sources).

The only possible difference might be your statement that the two of you are away at opposing times.
Just not sure how that would fly in the eyes of the law…seems like it would require some sort of stringent ongoing proof, otherwise, anyone could claim that was their situation too.

Hopefully a more official reply will be posted.


WJC is correct. You must live in separate residences to be considered separated for the purposes of divorce.