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Do I have to have a Separation Agreement to get a Divorce in North Carolina?

Do I have to have a Separation Agreement to get a Divorce in North Carolina?   The short answer is no. You don’t need to have a separation agreement also commonly called a separation and property settlement agreement in North Carolina to get a divorce. The only requirement is that you and your former spouse have been separated and are living separate and apart for at least one year. Unlike some states, North Carolina is not a fault based divorce state. In other words, you don’t have to have a reason for the divorce, like a cheating spouse, to get… Read More

Just what the heck is Divorce from Bed and Board in North Carolina anyway?

A divorce from bed and board is not a regular divorce.  In fact, if it’s granted, the parties are still married. The other difference is that in North Carolina, a divorce doesn’t have to be fault based, but a divorce from bed and board is fault based.  What it does is it asks the court to evict one of the spouses from the marital home. There’s many times when this is needed since not all parties can separate amicably. If granted, a divorce from bed and board also establishes the legal separation date which allows the party seeking the action… Read More