Q: Good morning, I would like to know how to obtain a legal separation in North Carolina.
My wife left me on 01/04/2019. Whereabouts unknown.
A: Legally, you are already separated. If you are looking to have a Separation Agreement which addresses all other outstanding issues relevant until you can get your divorce, you'll need to find her. Otherwise, you can file for divorce on January 5, 2020. Once the divorce decree is entered however (about 6 weeks later), you will no longer have the right to have the court equitably divide any property that needs to be split or address any spousal support claims, if these claims have not been preserved.
A: You may already be separated but not necessarily - in addition to being physically separated, there is an intent requirement. There is no such thing as 'legal separation'. In North Carolina you are simply either separated or you are not. If you are not living together in the same residence AND at least one of you has the intent that the separation be permanent - you are as 'legally separated' as you ever will be. Further, there is no requirement that you communicate the intent to remain permanently separated to your spouse. So in NC, it is possible to be what you are calling 'legally separated' and not know it - this happens occasionally to military service members on deployments. All of that said, you are going to need to locate your spouse and if separation is the route you go, you may want to consider entering into a formal written separation agreement (if needed) - especially if there are any marital issues that need to be resolved such as property division, etc. This will make things a bit easier and less expensive if you later decide to divorce. A fully comprehensive separation agreement can be done for an average couple for a flat rate fee of around $250 so relatively speaking it is not terribly expensive. If you don't or can't locate your spouse, you can still get divorce if you want but it will be much more expensive. Best of luck and feel free to go to our site easyncdivorce.com and see if our service is a good fit for you.
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