If you can show that you and your spouse has been living under different addresses and there haven’t been any attempt of reconciliation within that year. then I thnk your answer is yes.
Not a lawyer, but: You don’t HAVE to file any separation papers when you separate. It’s in your best interest to do so, but a “legal” separation in NC occurs as soon as the parties live in different physical addresses. As far as I know, no proof other than your word will be required, as you will state that you have been separated for a year under oath.
So yes, if you have been separated for a year, but have no separation agreement in place, you can still file for an absolute divorce. But I would get a separation agreement in place (with the help of an attorney) before you get the divorce because you waive all sorts of rights if you divorce and property is not settled and so forth.
Greetings. Yes, this counts as the one year legal separation. Thank you.
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
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.
If I am separated from my wife for one year but no legal separation papers were filed but the separation can be verified beyond any doubt, does this count as the 1 year separation period required for divorce in NC?