Legal Question in Family Law in North Carolina

If legal separation filed in North Carolina and spouse lives in another state are the obligated to wait the one year prior to filing for divorce?

Asked on 2/21/14, 10:36 am

1 Answer from Attorneys

Amanda Houser The Houser Law Firm, P.C.

You don't have a legal separation filed in NC because there is no such thing as a 'legal separation' in NC. You are simply either separated or you are not. If you are referring to a written Separation Agreement - there is no requirement that they be filed and generally speaking is a bad idea to file them. As far as the spouse living in another state - if the spouse meets the eligibility requirements of the other state they are not obligated to comply with the eligibility requirements of NC - including the one year waiting period - unless, the spouse stupidly agreed to some sort of restriction or limitation on filing for divorce in a Separation Agreement.

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Answered on 2/21/14, 11:25 am

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