The other spouse may also contest the complaint by demonstrating: - The complaining spouse has forgiven such conduct in the past - The complaining spouse has encouraged or enabled such conduct in the past, such as alcohol or drug use - The spouse’s actions were in response to similar actions by the complaining spouse such as recrimination for an extramarital affair - The allegations in the complaint are not true.A spouse who is contesting a request for a legal separation may ask for the complaint to be heard before a jury.It’s helpful to have an experienced family law attorney guiding you through the process and helping you understand the steps to take. Ullman concentrates his legal practice exclusively on family law matters including separation agreements, legal separation and divorce.
The terms separation, legal separation, divorce from bed and board and absolute divorce all have different meanings in North Carolina family law.The terms can be confusing because they sound similar.He is certified by the North Carolina State Board as a Specialist in Family Law. The legal paperwork, or the “complaint,” for obtaining a legal separation would be filed in the district court of the county where the couple – or at least one of them – lives.For instance, if you live in Raleigh or surrounding areas such as Cary or Wake Forest, you would file the complaint in Wake County District Court.To obtain a legal separation, however, the person who files must provide information establishing that his or her spouse was at fault.
Third, you can file for a legal separation as soon as you want, whereas for a no-fault divorce the parties must have been physically separated for at least a year.
However, a legal separation can entitle you to receive many of the same benefits as an absolute divorce, including alimony, asset division, child custody, child support and attorney’s fees. This means that you do not need to prove the other spouse was at fault in order to obtain an absolute divorce.
Obtaining a legal separation, or divorce from bed and board, is a different matter. A court may grant a legal separation if you are able to establish one or more of the following fault-based grounds: To file for a divorce from bed and board, one of the spouses must have been a North Carolina resident for at least six months prior to bringing the action.
However, if you move in together, go out in public together and have regular sexual intercourse, it would likely be considered reconciliation.
First, a legal separation does not end your marriage.
If you live in separate areas of the same house, this does not satisfy the requirement.