When you and your spouse decide that living together is no longer feasible, you may make the decision to separate. In North Carolina, all that is needed to be “legally separated” is for spouses to physically separate with at least one spouse having the intent to remain apart. You do not need a Separation Agreement to be legally separated, but it is often advisable. Your date of separation will be important for many reasons, so you should make note of it and be ready to tell your attorney the exact date. If possible, you should consult with an attorney prior to separating.
To be physically separated, it is not enough to live in separate rooms of the same house – you must establish separate households. When a family transitions from one household to two, there are typically many decisions that need to be made. Since you must wait at least one year (and a day) to file for divorce, these decisions usually happen during the period of separation or before. Click below to read more about the most common issues that arise during separation and/or divorce: