Potential divorce confusion..

pk2at · 2025-01-04T01:35:57+00:00

"What do I need to do to prove that I have been separated for at least a year?

Your truthful testimony to the court, under oath, can prove your separation. You can also present other witnesses or documents. A separation agreement between you and your spouse can be helpful to show the court."

Can You Avoid the Waiting Period in North Carolina?

Unfortunately, there is no legal way to avoid this divorce requirement in North Carolina, though there may be exceptions. Some choose to falsely claim that they had been separated for one year on their divorce complaint just to get divorced as soon as possible. However, it is not advised to do that.

Basically saying you can claim separation and no one will check as long as your divorce is amicable.

LonelyNC123 · 2025-01-03T11:56:01+00:00

First of all, don't follow the advice of strangers on the internet! LOL! Get a qualified attorney.

But, I am also in North Carolina. Yes, this is correct.

Now I just need to get up the courage to finally move out.

Icerunner45 · 2025-01-03T05:51:18+00:00

That’s how VA is if you have kids.

Peace_and_Love40 · 2025-01-03T03:12:36+00:00

Ok this makes more sense then. You get a separation agreement in place, then wait one year For divorce filing.

And I’m assuming the separation agreement can include spousal support payments during the separation?

NC_Geezus · 2025-01-02T19:07:20+00:00

I'm in NC and the rule is you must live separate and apart for 1 year and a day (literally just went through this with my lawyer). There are exceptions for dangerous situations, but those are rare.

The usual advice is to not leave the residence until you have a signed (and notarized) Separation Agreement in-place. That will protect you against abandonment.

probebeta · 2025-01-02T05:58:21+00:00

Check with a lawyer for legal details. Usually once you have a separation agreement and notice of family claim youre welcome to leave if you want to. Of course, by then you have an agreement on days you have your kids etc.

dfb54749014 · 2025-01-02T05:06:05+00:00

I would consult a lawyer.

I'm not from NC but a quick Google search says you are right. 1 year separation living in separate places before divorce.

Again consult a lawyer.

Get a separation agreement drawn up and a custody agreement drawn up (if you have kids) before you do anything else. Once you both agree and sign off on those documents, you can proceed forward.

Don't do anything without those documents in place. NC says you don't need a separation agreement.... screw that! Get one to cover your ass in case things get ugly. Same with the custody agreement (again if you have kids).

Once again, consult a lawyer.

Title	Potential divorce confusion..
Author	Peace_and_Love40
Upvotes	5
Comments	17
Date	January 2, 2025 4:32 AM UTC (1 year ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/1hrlnho/potential_divorce_confusion/
Archive Link	https://theredarchive.com/r/Divorce_Men/potential-divorce-confusion.1540166 https://theredarchive.com/post/1540166

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Can You Avoid the Waiting Period in North Carolina?