All it takes is the intent of one of the spouses to separate and to cease living together.In the state of North Carolina, a couple must be legally separated for one year and a day before they can file for divorce.This article is intended to make the process of legal separation easier to understand for NC residents.
Judges like stability and consistency for children and allowing a new person to spend the night and immediately become part of a child’s life so soon after a separation rarely looks good in court.
However, dating after separation before legal documents are signed either by agreement or order of the court, usually tends to complicate matters.
Divorce is already an emotional situation and add in a new relationship and feelings get hurt and emotions run even higher.
The primary ground for which divorces are granted in North Carolina is based on a separation of a year and a day.
The policy behind the year waiting period was to give spouses a chance to assess if they really did want to go through with the divorce.