How do I go about seperation papers if there is a no contact order?

UPDATED: Oct 1, 2022

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How do I go about seperation papers if there is a no contact order?

About 5 months ago, my husband assaulted me, I had him arrested. When we went to court they gave him probation and a no contact order. I’m wanting to file for divorce but in NC you have to be separated for 1 year. As of now, I’m wanting to get seperation papers but I don’t know to go about that with the no contact order.

Asked on November 16, 2017 under Family Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Hire a lawyer: the lawyer can draft and serve the papers, contact and speak to your husband, etc. A no-contact order does not affect your attorney, so let a lawyer handle this for you: the lawyer will also help "depersonalize" proceedings and reduce strife.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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