In North Carolina, legal separation occurs on the date that husband and wife move into separate residences, with one having the intent to continue living separate and apart.
Husband and wife cannot continue to live together in the same home and be separated. They must live in different residences. Legal separation is often a precursor toward divorce, as divorce can be obtained after one year and one day of separation in North Carolina.
Legal Separation Agreements and Property Settlement Agreements
Many married couples enter into a Separation Contract, a Separation Agreement and Property Settlement that details rights and obligations regarding child support, child custody, spousal support, division of property, and debt. Separation Agreements are helpful to couples who agree to amicably split their differences or those who do not want to spend the time and money to litigate their claims in a public court setting.