High Point, NC asked in Divorce for North Carolina

Q: I married in January 2019 and broke up in February 2019. What's my separation date?

We married the 18th of January, He left to live with his father on the 14th of February. I moved out into my own rental July 18. I just need to know which date to put so the divorce paperwork is properly filled out.

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3 Lawyer Answers
Adam Bull
Adam Bull
Answered
  • Asheville, NC
  • Licensed in North Carolina

A: Whichever date is the date at which you were both physically apart, and had the intent not to resume the marital relationship.

Whitney Young
Whitney Young
Answered
  • Elizabeth City, NC
  • Licensed in North Carolina

A: I agree with Mr. Bull, but to define “physically apart,” it’s when one spouse moves out of the “marital home.” So, it appears your separation date would be the 14th of February when he moved out, assuming one of you also had the intent for his move to be a permanent end to the marriage.

Angela McIlveen
Angela McIlveen
PREMIUM
Answered
  • Charlotte, NC
  • Licensed in North Carolina

A: Your question is when are you legally separated in NC. North Carolina defines legal separation as living separate and apart with one party intending the separation to be permanent. When your husband moved out of the home on February 14, 2019, did one of you intend the separation to be permanent or were you continuing to work on your marriage? If he moved on out on the 14th and that was the end of your marriage (you didn't continue to have sex or spend nights together), then February 14, 2019, is your date of separation. If you have more questions about divorce or your date of separation you should talk to a divorce lawyer. In NC, you have to be separated for one year and one day before filing for divorce. The earliest date you can file for divorce is February 15, 2020. You can learn more about divorce on our website: https://www.mcilveenfamilylaw.com/north-carolina/divorce-information-facts/

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