Coming to terms with divorce can be one of the most challenging experiences in life. It can feel like your world is turned upside down and that you are on unfamiliar territory. While many aspects of divorce are, indeed, complex, an experienced attorney can help you from beginning to end, making the process significantly easier for everyone involved.
Separation vs. Divorce
In North Carolina, a married couple must be separated (living apart) for at least one year as a prerequisite for filing for divorce. During this time, the couple is still legally married, which means that certain legal rights and responsibilities remain in place.
After the one-year-mark, either party can begin the divorce, which is the legal process that terminates the marriage. When that becomes final, the parties have an absolute divorce and are free to remarry.
Key Differences
The primary difference between separation and divorce is the legal status that each has. Separation is a temporary state, a state mandate required for couples who want to file for divorce, in which the parties live separately but remain legally married.
Divorce, on the other hand, is the final dissolution of the marriage. This distinction is critical because each stage comes with its own legal rights, responsibilities and requirements.
Even though the couple must be separated for one year before filing for divorce, it is critical to note that individuals can do much of the work required for the divorce to become final during that period. You can hire an attorney, complete as many steps as possible– which will mean compiling a lot of documents and disclosing important information– and be ready for when the time comes to file.
Separation and divorce are distinct phases in the process of ending a marriage in North Carolina. This is specific to the state and many other states do not require this one-year waiting period. Understanding the specific requirements that the state imposes on individuals is important, and being aware of the legal implications is critical so as to avoid making any mistakes.