Once you and your spouse are no longer living in the same home, and at least one of you intends for the separation to be permanent, you are separated. You do not need a document that says so. However, if you and your husband are drafting your own separation agreement, then you would need to use the ACTUAL date of separation.
Yes, you must wait the full 12 months to file for divorce. If you don’t and present a complaint that has a false date of separation, it is perjury. Not only can you face criminal charges, but then your divorce will not be valid.
Adultery is a crime in North Carolina. As long as you are still married (even if you are separated and have signed an agreement), you can still be in danger of not only committing a crime, but losing alimony (if you are receiving it), and possibly an alienation of affections against your significant other, or cirminal conversation. See our website for more information.
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.