Do I need to file for legal separation?

Many of my clients share the same concern when it comes to separation and divorce.  They have been living separately from their spouse for some time, but have not filed for “legal separation”. They are concerned that this will prevent or delay their divorce.

North Carolina law requires the parties to have lived separate and apart for a year.  There is no need to file for legal separation.  If you have been living apart for more than a year, then you are legally eligible to obtain a divorce.

As soon as you decide that you and your spouse should separate, there are some things you may want to do to protect your rights, assets and relationships.  It is possible to create a separation agreement where both parties agree to split up their debts and assets.  This agreement can be a wonderful opportunity to resolve potentially contentious issues amicably.  There are other options, as well.  Call now to find out if a separation agreement is right for you.

You can speak with an experienced, knowledgeable and caring divorce attorney about your separation in Wilmington, NC, Wrightsville Beach, Carolina Beach, Leland, Hampstead, Landfall, New Hanover County, Pender County, or Brunswick County by calling (910) 341-7570 today.

R. Clarke Speaks
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Trial Lawyer and Founder of Speaks Law Firm, P.C.