Can a legal separation start when a married couple ceases sexual relations and sleep in separate bedrooms?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a legal separation start when a married couple ceases sexual relations and sleep in separate bedrooms?
We were married last year and we have no children or property to divide except
furniture.
Asked on November 14, 2018 under Family Law, North Carolina
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
In NC, a couple becomes legally separated on the date that each spouse moves into a separate residence with the intent to continue permanently live apart from one another. The fact is that living in the same home in different bedrooms is not being physically separated. Many people are under the mistaken belief that as long as they sleep in different bedrooms in the same home, then they are "separated". However, physical separation under the law means that you and your spouse must live in separate homes. Further, the other requirement of a separation is the intent of at least 1 party to be separated. If the parties stop living together and each person maintains their own home, it is not necessary that both parties agree on or want the separation. All it takes is the intent of one of the spouses to separate and to cease living together. Finally, as you know, a couple must be legally separated for 1 year and a day before they can file for divorce. However, there is no need to have a separation agreement or file anything with a court for the legal separation to take place.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
In NC, a couple becomes legally separated on the date that each spouse moves into a separate residence with the intent to continue permanently live apart from one another. The fact is that living in the same home in different bedrooms is not being physically separated. Many people are under the mistaken belief that as long as they sleep in different bedrooms in the same home, then they are "separated". However, physical separation under the law means that you and your spouse must live in separate homes. Further, the other requirement of a separation is the intent of at least 1 party to be separated. If the parties stop living together and each person maintains their own home, it is not necessary that both parties agree on or want the separation. All it takes is the intent of one of the spouses to separate and to cease living together. Finally, as you know, a couple must be legally separated for 1 year and a day before they can file for divorce. However, there is no need to have a separation agreement or file anything with a court for the legal separation to take place.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.