Q: Will legal separation work when I move out of a place I just signed a lease for under me and my wife's name?
I will be moving to North Carolina soon, but I do not intend to live in the apartment my wife has found. She wanted it so I helped by giving my name on the lease. I don't plan to spend one night there. If I get another place on my own and live separate for you, will I still be eligible for divorce after showing proof of living somewhere else, even though my name is also on the place my wife lives?
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A: There is no such thing as 'legal separation' in NC - one is simply either separated or they are not. If you are living in separate residences and at least one of you has the intent not to resume the marital relationship - you are as legally separated as you will ever be. It is important to note that, there is no requirement that you communicate the intention to remain separate to your spouse so in NC it is possible to be what you are calling 'legally separated' and either you or your spouse not know it. That said, most people do enter into a formal written separation agreement in order to resolve any marital issues prior to the divorce. If that is something you are interested in, our firm prepares comprehensive separation agreements starting at a flat rate fee of $250 which is suitable for most average couples.
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