How long do you have to be separated in order to file for a legal separation?

UPDATED: Aug 20, 2015

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How long do you have to be separated in order to file for a legal separation?

Abandoned wife with 2 autistic children.

Asked on August 20, 2015 under Family Law, West Virginia


A. Houser / The Houser Law Firm

Answered 7 years ago | Contributor

In North Carolina, there is no such thing as a 'legal' separation and there is no 'filing' requirement.  You merely have to be separated not living together in the same residence with the intention of at least one of the parties not to resume the marital relationship.  After one year of separation a divorce action can be filed.

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