If you are experiencing serious problems in your marriage, you may be considering legal separation from your spouse.If that’s the case, you’ll require experienced legal counsel to help you protect your rights and assets throughout every step of the legal process.The agreement will spell out legal and physical custody, visitation, child support and how vacation times will be shared between the parents.The terms of that agreement must serve the best interests of the children above all, and can later be modified if there is proof that the current agreement does not do so.Many couples, often with the help of mediation or counseling, make a decision to preserve their marriage.Since a legal separation does not definitively end the marriage, reconciliation is always an option.
No, you do not need to be legally separated to obtain a North Carolina divorce.
However, your spouse could become bitter if they learn that you have already started another relationship before the divorce decree is entered.
This could create hostility and complicate negotiations on matters such as alimony or custody. It is not against the law to date another person while still married.
If you live in separate houses but maintain the appearance of a relationship, this will not satisfy the requirement either.
Additionally, if you reconcile with your spouse, the separation period ends.