Seperation

North Carolina Divorce Law Divorce and Separation Answers
1

I am ready to proceed with the necessary means to get a divorce but I was told NC law requires legal seperation of 1 year but my husband does not want to leave the house and I do’t want two becasue of our children. What are my options?

2
  • Divorce from bed and board to remove one party from the house and start the separation clock. (This isn’t an absolute divorce, so neither party is free to remarry until an absolute divorce goes through.)
  • Leave the house yourself and start the separation clock.
  • Stay married.
3

Thanks for the information, I didn’t know about the bed & board thing.

4

Divorce from bed and board is a civil action used to remove one spouse from the home. It is fault based, and you must allege that your spouse has been abusive, excessively abuses alcohol, has committed adultery, or has otherwise treated you in a cruel manner in order to proceed with this action.

5

I am ready to proceed with my separation, have a few questions.

  1. My wife is currently on Long Term disability and receives checks monthly. When calculating how much I owe in child support will her money count as gross income?
  2. My wife wants to stay in our home which I am fine with, although currently we only owe ~ $12,000 and the tax value of the home is $310,000. Will she not have to pay me 1/2 the equity in the house? Wonder if she is unable to do this?
6

Yes, disability payment are income and are included in support calculations. You are entitled to half of the martial estate if other assets cannot be balanced out to ensure an equal distribution your wife will have to refinance the home, borrowing the excess to buy you out.