When Is the Start Date of Your Separation?

The start date of your separation is important to know in North Carolina because you can’t get divorced until you’ve been separated for one year. So when does your separation officially begin? Your separation starts when the following two criteria are met: You live separate and apart from your spouse (more on this below), and At least one spouse intends to continue living apart indefinitely. Those are the only requirements. You don’t need to file any court documents or create a separation agreement in order to begin your separation. Live Separate and Apart from Your Spouse The most common mistake people make is when they live or sleep in separate bedrooms in the same home. This is not enough to satisfy the legal requirements for separation. Even if you aren’t talking to your spouse or spending any time with them, you can’t live under the same roof. You may want to consult with a divorce attorney before you even begin the separation process. The…

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