Spouse left

The day you physically separate with the intent to live separately IS the legal separation. You don’t have to file anything about this with the courts. Physically separting IS legal separation in this state.

The paperwork of which you speak is a separation agreement. It is a long, legal document that outlines who gets what when you separate. Lawyers do charge for drawing this agreement up, and most everyone would agree that you DO have a separation agreement in place before you file for absolute divorce next September.

Dear goinfishn:

Greetings. First, I wish it was warm enough to go fishin! [;)]

I don’t know why attorneys would be asking you for money to file for legal separation. You should however get a separation agreement. If your wife is receiving medical treatment and you have not informed her providers that you are actually separated and you do not want to be liable for the bills, then you need to do so. Having a separation agreement also helps with taking care of some of these concerns. Best of luck.

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.

Janet;i am new to this form but i read a thread from you about NC
it you say if spose leaves residence and 1 person wants a legal
seperation then that begins the day the spouse leaves?my wife left
15th saying she was going out of state for med. treatment …i told her
wanted a divorce befor she left…so why are lawyers asking me a fee to
file a legal seperation if no paperwork is needed?thanx in advance