In North Carolina as long as the two of you are living in separate residences and at least one of you intends the separation to be permanent, you are considered separated.
How do you get legally separated in NC?
However, in North Carolina, there is no separate legal process for becoming separated. This is an option in some states, but its not available in North Carolina. In North Carolina, couples must live “separate and apart” for one year before they can file for a divorce, which is different from a legal separation.
Can you live in the same house and be legally separated in NC?
A married couple cannot live in the same house if they want to be legally separated. North Carolina law refers to separation, but not to legal separation. When a person says that they want a legal separation, it is important to determine what the goal or need is, if any, beyond merely separating physically.
What does it mean to be legally separated NC?
Physically separated under the eyes of the law means that you and your spouse live in separate homes. 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.