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I get this question all the time and certain states do require legal separation before they will enter a divorce. So for example, Florida does not require a legal separation procedure. And basically what legal separation means is that you are living in two separate homes physically and your date of separation starts the date that you move out. For example, I practice in North Carolina too. They actually have a law that requires one full year of legal separation before the court can enter a divorce. So, if you do
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want to get divorced in North Carolina, you and your spouse are going to have to live separately for at least one full year before the court will sign off on your divorce. Now, I get this question a lot. Can we proceed forward with the divorce before that year separation? Yes, there are mechanisms in North Carolina that require or that allow you to seek alimony, custody, division of assets and liabilities, attorneys fees, all the things you can seek in the of the divorce. You can seek that during
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that process, but the court will not physically sign off on your divorce decree and divorce you until you’re separated for a full year. That is a long time. Most states do not have that. I know other states often are six months. Florida luckily has no separation period. You could file for divorce and be divorced the next day. You could also still be living together in divorce. I see that often. Well, not often, but I see that every now and then that people just can’t afford to live apart and they seek divorce and they
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still remain together. That’s allowed in Florida, but not in North Carolina.