The separation period is supposed to allow the parties to "work it out", not have permission to see others.

If you're thinking of dating someone who is separated, be very sure there is a fully executed agreement in place, or you could be named as an adulterer.

If a party disputes the date of separation on the basis of reconciliation, then the court considers whether there was a voluntary renewal of the marital relationship based on the totality of the circumstances.

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The judge is the person who grants a divorce, not your spouse.

Casual or isolated incidents of post separation sex with your spouse may lead to an emotional roller coaster, but such conduct alone will not toll the statutory period for filing for divorce based on a one-year separation.

Sexual intercourse, overnight stays, and out of town trips between spouses who are separated can sometimes blur the line as to when the date of separation occurred, especially if one party believes that such contact is made in an effort to reconcile.

In North Carolina, legal separation occurs on the date that husband and wife move into separate residences, with one having the intent to continue living separate and apart.

Husband and wife cannot continue to live together in the same home and be separated. Legal separation is often a precursor toward divorce, as divorce can be obtained after one year and one day of separation in North Carolina.

If at least one of the parties has been a legal resident of NC for six months preceding the filing of the divorce complaint and the separation was intended to be permanent, then the court can grant the divorce. Maybe, depending on whether you or your spouse fulfills the residency requirements of North Carolina law.

Our laws state that you may file divorce here if you are a true legal resident of North Carolina and have been living here for at least six (6) months prior to the date of filing the divorce compliant.

Many married couples enter into a Separation Contract, a Separation Agreement and Property Settlement (SAPS), or obtain a Court Order that details rights and obligations regarding child support, child custody, spousal support, division of property, and debt.

While a written agreement isn't required to establish a legal separation in North Carolina, it may be necessary to allow one spouse to purchase real property before the divorce is finalized (called a "free trader clause"), to document the date of separation and to waive claims a spouse may have against a third party (called a "third party waiver") for alienation of affection and/or criminal conversation.

Consult with an attorney to discuss your rights and to make sure you understand the separation papers before signing them, as they become a binding contract once signed by both husband and wife.