Living Together While Separated In some rare cases, couples can be separated while living in the same home if the residence has essentially been divided into two independent, unconnected living units. It requires that the spouses each live in a separate part of the home that is completely cut off from the other and that there is no overlap or common area.
For example, each section of the house must have its own bedroom, bathroom, kitchen, and entrance so there is no overlap between the units.
For example, the agreement can allow the couple can determine: The obvious advantage of a Separation Agreement and Property Settlement is that all these issues can be resolved without the need for costly litigation.
North Carolina is one of only a few states that allow spouses to keep property agreements, alimony agreements, and child support documents private.
Isolated incidents of sexual intercourse during a separation does not mean the spouses have reconciled such that a new one-year waiting period is required for a divorce.
Our courts consider the "totality of the circumstances" to determine if the parties have reconciled.
This is a written contract between the spouses and can cover all or some of the issues involved in their separation and eventual divorce.
To qualify for an absolute divorce in North Carolina, you must be legally separated for at least one year and a day.
Many issues in a couple's legal separation and divorce can be resolved through a Separation Agreement and Property Settlement.
Only the actual divorce cannot be granted because only a court can grant such an order.
A question that family law attorneys are often asked is: “How long after separation should I wait before I start dating?
” Unfortunately, the answer varies depending on the unique circumstances of each case, the legal issues involved, and the geographic region where the parties reside.
Elements of a Separation Agreement A separation agreement can contain any terms the parties agree to, as long as they are not against public policy.