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When a married couple decides to separate, they often choose divorce. However, legal separation is an alternative option to consider, and it may fit your situation better. North Carolina has different legal definitions and implications for these two types of separation. Here’s a brief guide to help you determine which is the best way to move forward.

Legal Separation

This situation typically involve two partners who live separately and manage their finances independently, but they remain legally married. A couple might use this method to meet financial needs or comply with religious rules. For instance, one spouse could benefit from staying on the other’s health insurance even though they are not living together. Or, both parties may need to continue receiving financial benefits such as tax breaks until they can be financially independent. Finally, a couple might use a separation as a trial period before pursuing the formal divorce process.

divorce

In North Carolina, you don’t need to complete any paperwork or submit an application for legal separation. Simply having one party live outside the marital home constitutes a legal separation. However, it can introduce complexities. Since there is no formal court process for a separation, you and your former partner will have to agree on child custody, property division, and financial support.

Divorce

Before receiving a legal divorce, North Carolina couples must live apart for a full year consecutively. This means a legal separation is essentially a preliminary step. This formal end allows each party to remarry legally. It also involves the division of assets and liabilities, such as savings accounts, properties, and shared debts. Each partner must work with their attorneys to establish terms for the separation, such as dividing time with children and receiving or paying financial support.

Unlike other states, divorcing in North Carolina does not require someone to be at fault. Instead, you must petition for the official split through the court. A judge will preside over asset division, child custody, financial matters, and other legal aspects. For couples who are certain the marriage is unsalvageable, such as those who wish to remarry or remove themselves from their spouse’s debts, this option is an effective choice.

 

If you’re considering a divorce to separate from your spouse, contact Molly N. Howard, Law Office PC in High Point, NC, to help you navigate the legal process. She serves clients throughout Guilford, Davidson, Randolph, and Forsyth counties, offering a full range of family law services. Visit her online for more information about her practice areas, and call (336) 885-3124 to schedule an appointment.

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