So my husband and I have been seperated and living in seperate homes/states. Do I need to get a legal seperation signed by him or since we have different addresses will that suffice. There has been periods in those months were we have attemeted at working things out/ had sex but never moved back intogether. Would this effect the dating if by March i wanted to move forward with the divorve and didnt want to eventually reconcile?
He tells me we rnt leagally seperated were only physically seperated and living in seperate states. But as far as what i read on the NC law living in seperate homes for a year and 1 day is all you need to file for a divorce. I just have a feeling he wont sign an agreement of any sort. Can I consider myself legally seperated. On legal documents even tho theres no offical paper work done.
You do not need any paperwork or documentation to show that you are separated. As long as you are living in two separate residences, then you are considered separated for dissolution of the marriage purposes.
Isolated instances of sex do not start over the one-year separation period.
Your husband does not have to agree to the divorce and he does not have to sign anything. As long as you meet the requirements of an absolute divorce in NC and you properly serve him with the absolute divorce complaint, the judge will grant your request for an absolute divorce.
The requirements of an absolute divorce in NC are:
(1) You are a resident of the State of NC and have been for the last 6 months;
(2) You have a valid marriage;
(3) You separated with the intent to remain permanently separate and apart; and
(4) You have lived continuously separate and apart for at least 1 year without resuming the marital relationship.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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