Q: How can I file for legal separation without having to face my soon to be ex-husband?
I’m in NC and I have been separated from my husband and living separately since May. We were only married for 1yr and don’t have any kids or assets. I didn't file for legal separation and I plan to move in with a good friend of mine. We are platonic but my ex is convinced there's more going on. I want to protect myself and take precautions to ensure he doesn’t accuse me of abandonment. I plan on living with my friend for only 5mos to save for my own place. He also needs someone to replace the roommates who are moving out this month. We are both musicians so theres a common interest there. My husband assumes I’m sleeping around but I am not. The marriage ended due to unreconcilable differences and not infidelity. I was accused after I had already left. How can I file for legal separation without having to face my soon to be ex-husband? I already have a legal document drafted up which I made myself but it requires him sign and 2 witnesses. I would like to never see him again. Any advice?
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- North Carolina
- (910) 333-9679
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- Answered
A: There is no such thing as 'legal separation' in NC. One is simply either separated or they are not. And you don't 'file' for separation as there is nothing to file for. All that is required to be what a lot of people mistakenly think of as legally separated is not live together in the same residence and at least one of you has the intention not to resume the marital relationship. Meet those two simple requirements and you are as legally separated as you ever will be. That said a lot of people do consider entering into a formal written separation agreement - basically a simple contract. All that is required is that it be signed by both of you in front of a notary. Witnesses are not required so the document you have is likely not North Carolina specific and defective it one way or another. A properly drafted separation agreement is a great way to resolve all marital issues except for the divorce and also a great way to keep over all cost down. In your case however, since your spouse seems likely to not be cooperative in terms of agreeing to sign and because you have no children and no assets, a formal written separation agreement may not even be needed and it is likely the only benefit you could receive from it would be the freedom to date and associate with whom ever you pleased and the ability to buy property and acquire debt without considering your spouse prior to divorce.
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