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Why Your Date of Separation Matters

In Separation & Divorce by Sarah Hink

Unlike many other states, North Carolina law does not allow for fault-based divorce grounds. So if a spouse abandons or cheats on the other spouse, they cannot file for divorce on this basis. Instead, North Carolina is an absolute divorce state, meaning a couple is required to be separated for a full year before a divorce can be sought. Once the year and a day since the date of separation has passed, either spouse can file for an absolute divorce based solely on the passage of one year’s time. Because of the nature of an absolute divorce, a couple’s date of separation is an incredibly important date. When is Your Date of Separation? A couple has to live separate and apart during the one-year time frame. Living in separate rooms …