North Carolina law requires couples seeking a divorce to complete a separation period of at least one year. There is not necessarily a formal process for beginning the separation. You should mark the date it begins on your calendar and keep track of time until a year and one day is up. However, it is usually up to you and your spouse to document this period and ensure you meet the requirements to file for divorce.
Even if you decide not to establish a separation agreement, you must still understand the criteria of the separation period, so you do not have to restart the separation. So, what should you know to avoid having to start again?
Know the two steps to separation
As we have discussed in previous blog posts, spouses must meet two conditions for a legal separation:
- One or both spouses must want a permanent separation
- Spouses must live apart for the duration of the separation
Essentially, spouses must live completely separate lives for at least 366 consecutive days – a full year and one day. Failing to meet either of these criteria could lead spouses to restart their separation.
For example, if spouses separate, and then reconcile before the year ends, that will render the separation period incomplete. Therefore, if the couple once again decided that divorce was the right choice, they would have to begin the separation again.
Many people worry about how long a divorce might take. Frequently, the separation period is the largest point of concern on that front. So, it is important to ready yourself with knowledge.
Prepare for the separation
Throughout the entire process of your divorce, it will help to pause and plan before each step. From the beginning of the separation to the finalization, make sure you:
- Know what the law requires of you, and your rights
- Strategize how you want to move forward, and include logistics
Of course, reconciliation can be an option for some couples. However, it is still important to know exactly what to expect as you begin the separation to avoid missteps on your path.