Nc divorce laws separation dating
Incurable insanity is another ground for divorce in North Carolina. It occurs when a spouse suffers from some sort of mental illness or impairment that results in confinement in a medical facility."Confinement" doesn't have to be in a secure or locked facility; it just means that medical care occurs outside the marital home and prevents the spouses from living together.First, you and your spouse will need to live "separate and apart" for one year.This means that you must be physically separated and not living together for one full, uninterrupted year.When you divorce in North Carolina, you are ending the marriage contract before it would naturally expire—when a spouse dies.To end a contract prematurely, you need a good reason.
Although North Carolina does not require spouses to form or file a separation agreement, it may be wise for them to still create one addressing important issues, like child custody, during the divorce.Spouses do not have to formally document their separation for it to be effective as grounds for divorce or file any paperwork with the court to establish a date of separation.Though spouses cannot legally file for divorce until they have been separated for at least a year, courts typically do not ask the spouses to provide proof of the separation period.Issues regarding children are an exception to the rule that issues must be addressed before the divorce is final.Parents can go to court at any time to resolve custody and child support issues, but they cannot use their child custody or support issues to reopen issues of property division or spousal support after the divorce has been finalized if they did not address them during the divorce process.
But, if you resume normal marital activities and begin to live as a couple, it's possible that this will bring the one-year period to an end, and you'll have to start over.