How to Get a Separation in North Carolina

Step-by-Step Guide

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   Step 1: Move into separate households.

   If you and your spouse are legally married and looking to get separated, you can do so by simply moving into separate households.When you and your spouse move into separate households, you must do so with the intent to live apart and separate permanently.You do not need to file any court documents and you do not need to sign papers in order to get legally separated., Once you and your spouse separate, you cannot reconcile or your separation will automatically be nullified.In North Carolina, reconciliation occurs when there is a resumption of marital relations, which is defined as a voluntary renewal of the husband and wife relationship, as shown by the totality of the circumstances.The North Carolina courts define the totality of the circumstances to include all of the factors in a given case, rather than any one factor.Some of the factors a court will look at if your separation is ever challenged include whether you and your spouse:
   Moved back in together; Shared household chores; Indicated to friends or family that your problems have been resolved; Accompanied each other to public places while holding yourselves out as being married; and Engaged in sexual intercourse., While it is not required in North Carolina, you might choose to enter into a separation agreement with your spouse.A separation agreement is a validly executed contract that states the terms under which you and your spouse will live apart.The agreement usually covers issues about child support, child custody, and the division of property.A separation agreement must be notarized in order to be valid.A judge does not need to sign off on a separation agreement to make it valid.For a good sample separation agreement, look here.
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   Step 2: Avoid reconciling with your spouse.

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   Step 3: Consider executing a separation agreement.

Detailed Guide

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