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Having to wait one year before being able to file for divorce can mean you are still technically married for over year.Yes, that is a long time, especially for those who have been in an unhappy marriage for several years prior to the separation.And because a Separation Agreement and Property Settlement is a legally binding contract once it is signed by both spouses and notarized, it is important to consult with an attorney to fully understand your rights under NC statutes and separation laws before entering into any such contract.
Some states consider a couple legally separated when they have signed a separation or marital settlement agreement and relocated to separate homes.
If you find yourself facing a complicated family law matter, we recommend that you contact an experienced family law attorney to help guide you through the often confusing and difficult process. Please contact our Family Law Team at Dozier Miller Law Group today.
In North Carolina, the separation of a married couple takes place when they move into separate residences with the intent of living separate and apart.
To qualify for an absolute divorce in North Carolina, you must be legally separated for at least one year and a day.
Legal separation occurs, for the purposes of eligibility for divorce, on the date when one or both spouses move into a separate residence with the intent of living apart permanently.