When your relationship begins to break down, you may wonder just how long you have to wait before your spouse can become your ex-spouse. Especially in cases of domestic abuse, or where one spouse has been unfaithful, you might be in a hurry to end your marriage. However, there are limits to when you can get a divorce in North Carolina.
North Carolina Family Law Requires One Year Separation Prior to Divorce
North Carolina, like many states, won’t let you decide to leave your partner on Monday and file for divorce on Tuesday. Because divorce is permanent, the North Carolina legislature built a waiting period or “cooling off period” into the state’s divorce laws. Before you can file for an “absolute divorce” in North Carolina, you and your spouse must live separate and apart for at least a year and a day.
Ready to file for a divorce today?
If you have been separated for at least a year, or want to get a head start on resolving your family’s property and support issues, get in touch with the Cox Law Firm by calling 704-243-9693 or visiting our Contact Page.
Residency Requirements for Spouses Seeking a North Carolina Divorce
In addition to the waiting period, to file for divorce in North Carolina, either you or your spouse must be living in the state on the day you file for divorce and for at least six months leading up to that date. If you want a North Carolina family court judge to resolve questions about child custody, visitation, or child support as part of your divorce, the children must also have lived with a parent in North Carolina for at least 6 months before you file (or since birth if they are infants). That means that when you and your spouse separate, if your family or other support network lives across state lines, you may need to find a new home within the state for you and your children.
Do You Have to Move Out to Be Separated?
These separation and residency requirements can create problems for low-income families who can’t afford to maintain two households for a year while waiting to file for divorce. Some couples will try to live “separated” in the same residence – possibly by dividing up the home into “his” and “hers” sections. However, courts will not treat you as legally separated if your relationship has ended but you are still living in the same home, even if you are staying on separate floors or sleeping in different bedrooms.
In some cases of serious fault – such as when one spouse has had an affair or has a substance abuse problem – you can ask a North Carolina judge for a “Divorce from Bed and Board” (DBB) – a court-ordered separation. This formally sets the start of your legal separation even when the at-fault spouse refuses to leave the family home.
What If You Can’t Support Yourself During Separation?
In other cases, one spouse may depend on the other spouse’s income to pay the bills. Separating from a wage-providing spouse can be challenging, especially if you have been a stay-at-home parent for many years. If you don’t have the financial ability to provide for yourself or your children while you are separated, you can ask the court to enter a “post-separation support” order. This temporary spousal support will help provide for your needs after you have separated and while you are waiting to finalize your divorce.
How to Make the Most of Your Separation Period
Even if you have to wait to file for an absolute divorce, you can spend your time separated making the divorce process easier on yourself and your children. At the Cox Law Firm, our experienced and compassionate divorce attorneys know how to make the most of your separation period. We will work with you to negotiate a Separation and Property Settlement Agreement. If you are unable to settle your issues with a separation agreement, we can help you file an action in court to resolve issues like child custody, child support, post-separation support, alimony, and equitable distribution. That way when the separation period is over, you will be ready to ask the court to grant you an absolute divorce as soon as possible. If you are ready to get started, please get in touch with the Cox Law Firm by calling 704-243-9693 or visiting our Contact Page.
