Harnett Lawyers No. 1 Divorce lawyer Fuquay Varina

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legally separated in North Carolina A separation
agreement or other written document is not
required to be legally separated in North
Carolina. To be considered separate from your
spouse, you just need to be living in different
homes, and at least one of you needs to intend
that the separation be permanent. In general, you
are not legally separated if your relationship
has ended but you still live in the same home, or
if you live in separate homes without the intent
to be permanently separated (for example, for
work purposes).
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Divorce from Bed and Board
In spite of the confusing name, a Divorce from
Bed and Board (a DBB) is not a divorce. A DBB
is a court-ordered separation. DBB orders are
available only under limited circumstances where
the spouse requesting the order can prove serious
faults, such as adultery or drug abuse. Once you
have separated due to a DBB order, you can still
resolve issues related to the separation with a
separation agreement, as if the separation had
been voluntary. You can also file to ask the
court to resolve issues such as property division
and post-separation support through the DBB case.
Once you are separated due to a DBB order, you
will still need to wait one year and file for an
absolute divorce to legally end the marriage.
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You are eligible to file for divorce, also called
an absolute divorce, only after being separated
for at least a year and a day. This means that
you must have been living in different homes and
that at least one of you intended that the
separation be permanent during that time. To file
for a divorce in North Carolina, either you or
your spouse must currently live in North Carolina
and must have lived in the state for at least six
months before the divorce case is filed.
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• As long as you are eligible for a divorce, your
  spouse does not have to agree to the divorce. If
  you file for divorce, your spouse does not have
  to complete or sign any paperwork, file anything
  with the court, or go to court for the divorce
  hearing. However, your spouse must receive proper
  legal notice of the divorce case that you file.
• North Carolina only allows for no-fault divorce,
  which requires at least one year of separation.
• There are many other questions to be answered,
  call us now and find out how we can help. The
  call and consultation are free, and we service
  all of Harnett County in North Carolina.

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