Dear Leslie,

As long as you and your husband have lived at separate addresses, you are legally separated. If you have lived separate and apart for 12 months, then you can go ahead and file for divorce. You may want to consult with an attorney about having a separation agreement drafted if you have property that still needs to be distributed. If you don’t take care of the property issues before the divorce, you lose the right to do so.

Good luck!

Shonnese D. Stanback
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 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.

I live in nc and have a question about getting seperated. My question is: Does there have to be a legal seperation or can this be an agreement between the couple. My husband and i have been seperated for almost a year and i would like to get things started so that I can get a divorce. Any advice or suggestions would help…