Can my estranged spouse stay in a separate room during our separation?

No. In the state of North Carolina, the parties must live under separate roofs or in different houses during the required separation period.  Staying in separate bedrooms in the same house is not physically separated for the purposes of divorce.  A couple must be legally separated for one year and a day before they can file for divorce in North Carolina. While there is no need to have a separation agreement or file any papers with a court for the legal separation to commence, at least one of the parties must intend to separate and both parties must live in separate dwellings for the entire separation period.

Please contact us for a consultation to discuss your separation and divorce questions. 

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