To qualify for the “year of separation,” you and your spouse must live “separate and apart” for the 12 months. You may not simply stop having sexual relations and continue living in the house in separate rooms. Separate and apart means ceasing cohabitation which includes residing in different living quarters.

Previously in North Carolina law, separated couples who engaged in sexual intercourse re-set their 12-month year of separation time clock, but current law re-defines resuming marital relations to be a “voluntary renewal of the husband and wife relationship, as shown by the totality of the circumstances. Isolated incidents of sexual intercourse between the parties shall not constitute resumption of marital relations.”

One year and one day after separation began, you may file a complaint for an absolute divorce with the Court. The complaint requires that the spouse filing the complaint verify that they have been a resident of the state for a least six months prior to the filing. It will also include, among other things, whether or not there are children of the marriage and if they are minor children.

During the separation period and prior to the divorce being granted, couples typically begin dealing with settlement issues such as child custody and support, post separation support and division of property. It is important to understand that if claims for certain rights are not filed before entry of the divorce decree occurs, entitlement to those rights are lost. Claims which will be barred after the divorce is granted include rights for spousal support and property distribution.

Rights to child custody and child support are not barred after entry of the divorce decree. These claims are fluid and can be filed until the child reaches the age of majority. In many cases, an absolute divorce is granted when these issues are still pending before the Court. The Court’s judgment will simply reserve these issues for future determination.

One year and one day after separation began, you may file a complaint for an absolute divorce with the Court. The complaint requires that the spouse filing the complaint verify that they have been a resident of the state for a least six months prior to the filing. It will also include, among other things, whether or not there are children of the marriage and if they are minor children.

A judgment of absolute divorce can have costly consequences – both materially and emotionally – if not handled properly. Whether your case is simple or complex, you want to make sure you do not waive any of your rights.

An experienced, caring family law and divorce attorney can help you navigate the numerous legal requirements, manage any unexpected crisis that may arise and give you peace of mind that you are not alone in the usually stressful process. If your spouse has initiated separation and divorce proceedings, it is especially important that you seek qualified legal help right away to protect yourself and secure a fair settlement of the marital issues.