Seperation Date/Duration


Hey eternx
1 Yes one year one day the law unless you lie
2 When you leave the home
3 go to 1
hope this helped out you can lie if both of you agree but keep that under your hat if you know what I mean. It will go fast for the year trust me it will
Bye for now


The NC statute says separated for one year. The “proof” that you have been separated is that you and your ex swear under oath that you have been separated for at least a year. If you lie to speed up the divorce it is called perjury and it is a felony in the state of NC.


Dear eternx:

  1. A year, but you cannot file until the full year of separation is completed (basically one year and one day)

  2. Day you leave.

  3. The court determines the truth based solely on your statements to the court. If the other side says it is a lie, then you usually prove this through leases for apartments, documents with your new address, etc. 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.


1.Is required seperation time a year or a year and a day?
2.Does seperation time start the day you leave or the day you file for divorce?
3. If it’s the former,how does the court determine the truth of the date-your word,a witness,or what?