Legal Separation in Durham: End-of-Year Considerations Before Filing for Divorce
A lot of people wonder why the separation date is important in a North Carolina divorce. According to state law, spouses must live apart for an entire year before they are able to divorce. This means that the court needs to know the exact date the separation started. If the spouses get back together, even for a little bit, the one-year clock resets.
If you’re unsure about your separation date or how it affects your divorce, a Durham County divorce lawyer can help explain what it means for your case.
What Is the Separation Date in a North Carolina Divorce?
In North Carolina, you must live apart from your spouse for at least one year and one day before you can get divorced. During that time, you must live in different homes, not just in separate rooms of the same house. At least one spouse must intend for the separation to be permanent.
The separation period starts when spouses move into different homes and at least one of them intends to live apart. This move is what starts the clock on the separation period. After the spouses have lived apart for one year and one day, they can file for divorce in North Carolina.
Why Is the Separation Date Important?
When a couple files for divorce in North Carolina, both spouses and their lawyers must include the separation date on the divorce papers. The judge will review that date to make sure the spouses have been separated for at least one year and one day. If they have not met that requirement, the judge cannot grant the divorce unless a rare exception applies.
The separation date also matters when dividing property in a divorce. In North Carolina, the property and debts the spouses had on the separation date are usually considered marital property. Any changes to those assets or debts after the separation date are treated separately when the court divides the property.
What Happens If a Reconciliation Occurs?
Any reconciliation, no matter how brief or ill-advised, will affect the separation date in a Durham County divorce. If and when a reconciliation occurs, the separation period officially ends. If the couple separates again later on, they will have to start all over and live apart again for a full year and a day before they will be able to divorce.
It is worth mentioning that a single or even several sporadic sexual encounters between spouses does not inherently mean they have buried the hatchet. The court looks at the situation as a whole in order to decide whether or not the couple truly got back together.
How Can a Separation Date Be Proven?
During a divorce, spouses may need to prove when their separation started. If you are planning to separate or divorce, it’s important to talk with a North Carolina divorce lawyer about the right steps to take. You may need proof that you lived in separate homes, such as a lease, mortgage papers, utility bills, or similar records. Your lawyer can explain what proof is required under the law.
You should also ask your lawyer about setting up a separation agreement to protect you during the one-year waiting period. Your lawyer can communicate with your spouse’s lawyer and help handle issues related to the separation and divorce process.
Meet With an Experienced Durham County Divorce Lawyer
Divorce and separation rules in North Carolina can be confusing, especially when dates and paperwork play such a vital role. Having a lawyer who understands the process can help you avoid mistakes and protect your rights during this time.
If you have questions about separation, divorce, or your next steps, contact a Durham County divorce lawyer at Law Office of Stephen E. Robertson, PLLC by calling (336) 370-6760 or filling out the contact form on our website to get the clear answers and guidance you need.