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"Legally Separated?"

by Bryce D. Neier on Oct. 21, 2014

Divorce & Family Law Divorce 

Summary: The only requirements to be legally separated in North Carolina is that one of the spouses moves out of the martial residence and at least one of the spouses has the intent to end the marriage. That's it!

A lot of people often ask me if they need a "separation agreement" to be legally separated in North Carolina.   A separation agreement is the "slang term" for a property settlement contract that divides assets and debts versus filing a lawsuit and battling in court before a judge.  

All that is needed to be legally separated in North Carolina is that you and your spouse live physically separate and apart, not in the same residence, and one of you have the intent to end the marriage. That's it.  You are not legally separated if you still live in the same house in separate bedrooms.  One of you must vacate the house. 

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