Separation - NC
In Raleigh separation is defined as living separate and apart, with the intention of at least one spouse to maintainthat separation permanently. There is no formal separation decree or other document that must be signed or filed. The spouses must reside, and sleep, at different locations at all times. Separate bedrooms in the same house, nor sleeping in the basement of the same house as the other spouse constitute separation.
The next question is “what are the legal rights of spouses who are separated?” Simply put, unless the spouses have a legally binding separation agreement or a court order which details the rights and obligations of each spouse then their rights can be confusing. In North Carolina the marital contract involves three people, the husband, the wife and the state. Certain duties such as the right to enforce cohabitation, the duty of the supporting spouse to provide support to the dependent spouse and child or children and other property laws and estate laws are in existence and do not disappear just because the parties choose to live separate and apart.
Divorce from bed and board is a cause of action that applies to the spouse who has been subjected to marital misconduct or injury as a result of the other spouse’s actions. At a hearing for divorce from bed and board the judge may actually enter a court ordered separation and declare that the parties are separated. Once the parties are separated then either may file for equitable distribution, alimony, post separation support, child support or child custody.
Are you thinking about separating from your spouse or are already going through a separation? Marshall & Taylor are here to help you through this difficult time. Contact us today for a confidential consultation to help assess the best way to fully represent your interests during your separation. We’re standing by.