Will I Need to Move Out of My Family’s Home During NC Divorce Proceedings?

Written by Jonathan Breeden

December 26, 2018

If you are planning on filing for divorce in North Carolina, you likely have many concerns. One question that may come to mind is “will I need to move out of my family’s home during North Carolina divorce proceedings?” Keep reading to learn why you may need to move out of your family’s home if you hope to get divorced in the Tar Heel state.

For help with your divorce case in NC, contact Breeden Law Office right away. To schedule a case consultation with divorce lawyer Jonathan Breeden, call (919) 661-4970, or reach out via the online form.

A Separation is Required Prior to a Divorce in North Carolina

In the state of North Carolina, separation of at least one year and one day is necessary in order to be granted a divorce. During this period, you and your soon to be ex-spouse need to intentionally live apart with the intent of eventually filing for divorce. You are both obligated to have your own home.

You and your spouse cannot live in different bedrooms or parts of your family home if you hope to get divorced. To meet the yearlong separation requirement, one of you must move out of the family home. The spouse that moves out may rent an apartment, purchase their own home, or live with friends or family members during the separation period.

It is important to note that if you and your spouse live in different places but still spend time together, engage in sexual activity that is regular and ongoing, attend marriage counseling and act like you are still married, you will not be able to meet the separation requirement.

Separating in NC

There are certain steps you’ll need to follow in order to separate in North Carolina including:

Draft a formal agreement.

While separation does not have to be a legal process in NC, it may be wise to create a formal agreement that outlines specific issues in your separation, including financial responsibilities and potential alimony. For the court to recognize this agreement, it must be in writing and notarized.

Present your case.

This does not make any sense. If you are fighting alimony then this paragraph works but right here in this no one saying anything about alimony or a complaint. Or you could move this below the next paragraph about divorce bed and board.

Consider a divorce from bed and board.

If you are seeking legal separation, but you cannot leave your family home, or your spouse refuses to leave, you should consider asking your attorney about a divorce from bed and board. To obtain this order, which is a legal separation, you must show that your spouse committed at least one of six acts. The six acts include abandoning your family, throwing you out of the home, endangering your life, engaging in behavior that made your condition intolerable, using alcohol or drugs excessively, or committing adultery.

Seek other orders.

Once your legal separation has been granted, you may seek court orders for post-separation spousal support and/or child custody.

Contact an NC Divorce Lawyer for Help Today

Separation and divorce can have a serious impact on your life. An experienced attorney can help you with issues such as spousal support, child custody, and the division of personal property. They can guide you through the process of legal separation and divorce while ensuring that your rights are protected.

To schedule an initial evaluation of your case, contact Breeden Law Office at (919) 661-4970, or reach out through our online form.


Divorce In North Carolina: What You Need To Know

A book by Jonathan Breeden