Filing Separation Papers vs. How Do I Get Legally Separated in North Carolina

Have you heard different things about what exactly it takes to be “legally separated” in North Carolina for purposes of divorce?   Many people I see are confused by the terms thrown around by different people and many have a distorted understanding that leads to problems.  First, let me  explain exactly what people must do to effect a legal separation in this state.  First, one of you decides you want to move out and not get back together.  Then, hit the road.  Or, have your spouse move out.  There you go.  That’s it.  People are not required to file anything in order to effect a legal separation.  It just requires a physical separation (cannot live in the same house) with at least of one of you intending the separation be permanent.

Now, this does not mean its a good idea to just move out.  In fact, its usually not.  Moving out can cause you all kinds of legal problems so please, do not just leave blindly without talking to an attorney.  There are many situations in which you need to take steps before moving out, or you would be well advised to file a civil action before doing anything.  Naturally, you must consider support issues, marital misconduct claims, interim property and debt issues, child custody issues, and many other things.   You could be causing many avoidable problems for yourself.

People I believe often confuse the voluntary process of negotiating a Separation Agreement and Property Settlement, with the need for filing some paperwork that declares a married couple separated.(see our website description on the family law page).    In truth, while the government used to favor marriages in public policy, and to a lesser extent still do, they could care less if you separate (unless it means they can get more taxes).  Accordingly, they do not want you filing anything just for purposes of announcing you have separated.

Please contact an attorney before making any decisions regarding moving out of your marital home unless you feel unsafe, and consider seeking a qualified marriage counselour if you are not sure what you want to do.