Like other states, North Carolina recognizes legal separation. However, unlike other states, legal separation is not an official substitute for a divorce.
North Carolina couples legally separate by living in different homes. Furthermore, at least one of the spouses must intend that their living arrangement be a permanent change.
A legally separated couple is allowed to enter into a separation agreement but does not have to do so. A separation agreement can reflect the couple’s arrangements for who will live in and maintain what property and who will pay what financial obligations and debts.
The separation agreement can also spell out matters related to the couples’ minor children, including custody, support and parenting time.
Even if not required, separation agreements can be very important to couples in the Charlotte area because North Carolina requires couples to be legally separated for over 1 year before they can get a divorce.
At the time of their divorce, the separated couple may choose to incorporate the terms of their separation agreement or may ask the court to decide matters of property division and child custody and support.
Even if the couple has signed a separation agreement, either side may ask a judge to review custody and support arrangements.
A divorce from bed and board may be an option for some couples
In limited cases, a person can ask for and receive a court-ordered separation called a divorce from bed and board. Unlike the more common “absolute” divorce, this court-arrangement does not end one’s marriage. It is a court-ordered separation.
On the other hand, once a court has issued a divorce from bed and board, either party may ask the court to enter orders regarding the couple’s property and their children.
As in the case with a divorce, each spouse can make arguments to the judge regarding what they see as the fair outcome.
After a divorce from bed and board, either spouse may later ask for a divorce so long as they meet the waiting period and other requirements.
Still, this option may attract those who are reluctant to legally end their marriages for religious, financial or personal reasons.