What’s the Difference Between Separation and Divorce in North Carolina?

divorce vs. separation North Carolina

The misconception that separation and divorce are the same is all too common. In fact, separation and divorce are two different things, and they serve different purposes.

In this post, we’ll go over the differences between divorce and separation in North Carolina, and we’ll provide insight about how the two events affect you, your relationship, and your family.

Separation Is Part of the North Carolina Divorce Process

Every marriage is different, and so there’s no one right way to address differences, take time away, or end a marriage. While divorce is the way to end the legal bond between two people, separation is the first step that can lead to many possible results, including divorce, indefinite separation, or reconciliation.

Defining Separation

Some states have legal separation, which is a legal filing in which a married couple formalizes a separation without dissolving their marriage. In North Carolina, there’s no official document or any other formal process for a married couple to become “legally separated”. You and your ex are only separated if you’re living apart and at least one of you intends to leave the marriage permanently. If one of you moves out of the marital home with the intent of leaving the marriage, you can mark the date of separation on your calendar, and that’s enough.

North Carolina couples must remain separated continuously for one year before they can file for divorce. If you get back together and resume the marital relationship but then realize it was a mistake, you have to start the one-year clock over again. However, isolated “hook-ups” do not automatically restart the clock, even if you and your ex engaged in sexual intercourse.

Initiating a separation is simple, but it also opens the door for couples to begin dealing with the issues of custody, child support, spousal support, and property division. This is where the real conflict comes into play.

Defining Divorce

Separation in North Carolina requires couples to live separate and apart for one year. However, separation does not affect your marital status. Unless your marriage was not legally valid and you can get an annulment (which is rare in North Carolina), divorce is the only way to permanently dissolve your marriage and go back to being a single person for legal purposes.

Technically, filing for divorce is a simple process. All you need to do is file a lawsuit with the court and go through the process, which takes about 50–60 days after the other party is served with the lawsuit. In the end, you get a judgment of divorce, and your marriage is over.

Issues Related to Separation

Although obtaining the judgment of divorce is simple, all the issues that will come up as a result of the separation can get very complicated. These are the major legal issues that go along with dissolving a marriage: property division (equitable distribution), child custody, child support, and spousal support (alimony). The legal process of resolving these divorce-related claims is where all the conflict actually happens. In contentious cases, these issues may not be finalized until after the divorce is final.

Remember this, because it’s important: You do not have to be separated for one year in order to resolve claims for child custody, child support, spousal support, or property division. You can resolve them at any time during the one-year separation period, and you can even use a separation agreement to resolve them before you actually separate (so long as you separate within 30 days of creating the agreement). We’ll talk more about separation agreements in the following section.

To learn more about the process of filing for and finalizing an absolute divorce in North Carolina, read our blog article about this subject.

RELATED: How to Obtain an Absolute Divorce in Mecklenburg County

What is a Separation Agreement in North Carolina?

A separation agreement is a legal contract between you and your spouse that resolves the legal issues we discussed earlier (child custody, child support, property division, spousal support). There’s no law in North Carolina that requires you to get a separation agreement, and a court will not issue one for you. Only you and your spouse can create the agreement, and both of you need to be on board.

If you and your spouse can agree on the terms, your separation agreement can resolve any or all of the major legal issues surrounding your divorce. Your agreement won’t be valid unless both parties sign the document in front of a notary, who will notarize the signatures.

You can also put your agreement into a document called a consent order. This is an agreement that is signed by you and your ex and then by a judge. There are different reasons for doing a separation agreement versus a consent order, and we’ll talk about these differences in a future blog article.

Do I Need a Divorce Attorney If I’m Separated?

If you’re separated or planning to leave the marriage, it’s never too early to start getting legal advice from an experienced family law attorney. Divorce can be a complicated, confusing, and stressful process, especially if you try to go through it without a lawyer.

Not only can a divorce lawyer take all the paperwork and legal preparation off your plate and make sure your rights are protected, but they will also attend to important details you may miss. As an example, some couples forget about various insurance accounts or retirement funds, which often name beneficiaries. If these accounts don’t get included in property division, it can be a mess to figure out what to do with them after a divorce finalizes.

Certain situations also demand the help of an attorney for the health and safety of the family. If you have a partner who is abusive or unstable, a lawyer can get the authorities involved and get court orders that protect you and your children.

No matter what your situation looks like, hiring a lawyer will most likely save you money in the long run unless you have a very simple, uncontested divorce. Make sure to choose an attorney who has experience handling divorce cases, and feel free to meet with multiple lawyers and search for someone who gives you confidence and makes you feel at ease. Your divorce may be a long process, and having the right advocate by your side can make all the difference.

Contact Myers Law Firm If You Need Help with a Divorce or Family Law Matter in Charlotte, North Carolina

At Myers Law Firm, we understand that the end of a marriage is never an easy time for either spouse, so we approach every case with compassion and understanding to search for solutions. While we excel at respectful negotiation and will work to find common ground with the other side, we are ready to stand up in court and fight for your rights with an aggressive approach if that’s what it takes.

The attorneys at Myers Law Firm have experience handling all of the major family law issues that surround the end of a marriage, including alimony, child custody, child support, and property division. We’re here if you need help. To get in touch with us, call our offices at 888-376-2889 or fill out our online contact form today.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.