Separation and Divorce FAQs: Answers to Common Questions from Our Clients

Going through a separation or divorce can feel like navigating uncharted territory, especially when it comes to understanding the legal side of things. Spouses often face a whirlwind of anger, resentment, sadness, and feelings of betrayal; it’s a tough spot to be in when you’re trying to make legal decisions on your own. 

At Dozier Miller Law Group, we’ve been representing divorcees in the Charlotte area for over four decades, and we know that you probably have a lot of questions and concerns during this time. We’ve put together some of the most common legal questions we hear from clients about separation and divorce in North Carolina to help make things a little clearer for you.

What is a “legal” separation, and how do I get one?

In North Carolina, there is no official “legal separation” filing. You are considered legally separated from your spouse once you have started living in two separate homes with one of you having the intent to remain apart permanently. This means that you and your spouse have physically moved out of your shared residence, and at least one of you intends for the separation to be permanent. The date you separate is important, as it marks the beginning of the one-year waiting period required for a divorce in North Carolina, amongst other reasons.

Should I establish a legal separation agreement in North Carolina? 

While there is no official “legal separation” filing, some couples might choose to proceed with a separation agreement. A separation agreement can cover a range of issues without court intervention, such as the division of property, child custody arrangements, and spousal or child support payments. Note, however, that the agreement isn’t binding until both parties sign and other formalities are followed. 

Are we separated if we sleep in separate bedrooms?

A common misconception is that simply sleeping in separate bedrooms under the same roof constitutes legal separation. In North Carolina, this is not the case. The law requires you and your spouse to live in separate residences for one year and one day before filing a Complaint for Absolute Divorce. While moving into separate bedrooms may be a symbolic step toward separating, it does not meet the legal requirement for a separation that allows you to start the clock on the waiting period for divorce.

How long does the divorce process take?

As mentioned, the North Carolina divorce process has a built-in waiting period. You must be separated from your spouse for at least one year and one day before you can file for an absolute divorce. Once the year-and-a-day requirement has been met and the Complaint for Absolute Divorce is filed with the court, the process itself is typically straightforward and relatively quick, assuming there are no other issues to resolve. Most of the time in a divorce case is spent resolving issues like child custody, child support, alimony, and the division of property (equitable distribution) that should be settled before the time of the divorce.

What might affect a separation or be considered reconciliation in the eyes of the court?

The intent to remain separate is a key part of the separation definition in North Carolina. If you and your spouse reconcile after separating, it can nullify the separation period you’ve accumulated. The court considers an act of reconciliation as an end to the separation. This means that if you later separate again, the one-year waiting period for divorce starts over from the new date of separation.

Reconciliation can be a complex issue, but the courts generally look at actions that signal a resumption of the marital relationship. This can include:

• Resuming a sexual relationship with one another 
• Moving back in together, even temporarily or out of financial need
• Presenting yourselves to the public as a married couple again

If you have any questions about whether an action could be considered reconciliation, it’s important to seek guidance first. The law can be nuanced, and what you may view as a minor interaction could restart your separation timeline.

Dozier Miller’s Divorce Lawyers are Here For You

We recognize that a separation or divorce is a life-changing event. We believe that by giving you a thorough understanding of your rights and options, we can help you feel more in control of your future. Our experienced team is here to make this difficult transition as smooth as possible for you and your family.

If you are considering separation or divorce in the Charlotte, NC, area, we are here to provide the guidance and support you need to make informed decisions for your future. Reach out and schedule a consultation with us. We’re ready to help you find the best path forward.