You and your spouse have determined that a divorce is the right path forward. Once you make that decision, you must prepare for the separation period, which is a prerequisite to obtain a divorce in North Carolina. Fulfilling that requirement means living separately.
If your spouse is moving out of the family home, there are a few things you both should know.
3 important details to remember
One spouse moving out of the house will require a lot of preparation, emotionally, financially and logistically. In addition to these plans, it will be helpful to know that:
- The day your spouse moves out is the day the separation begins. You should make a note of this day, so you can provide written proof that you fulfilled the required period of separation when you officially seek a divorce.
- Moving out will not necessarily affect their rights to the property. When it comes to the family home, North Carolina law lists various factors that spouses must consider when dividing their marital property. This list does not address who does or does not move out of the home during separation. It is worth noting that the specific circumstances could impact future negotiations, such as if a spouse vacated the home without notice or both spouses mutually agreed on who moves out and who stays.
- Moving out does not mean no time with the children. It is likely that in this situation, the children will remain in the family home. Parents must continue to live separately to fulfill the terms of the separation period, but it will be necessary to determine how to divide time with the children during this time. This can be done in a separation agreement. These agreements are not required by law, but they can be very helpful to arrange the details and logistics of your separation.
All matters regarding the family home in your divorce are rarely simple. Even if you are the spouse remaining in the house, you must be aware of these matters and your rights – especially as you move forward in the divorce process.