Divorce/separation legal question

[Neale]

I am leaving my wife soon, which is what both of us want. There are no property or children issues, thankfully. My question is, do I need to file an official separation notice in order to begin the one-year separation that NC divorces require?

Any advice anyone can give will be VERY much appreciated.

 

[*bratcat*]

 

[shadowsource]

.

 

[Texan]

info on the web

The North Carolina Bar Association has quite a bit of information on the web. It appears that you do not need to file for a "legal" separation in North Carolina unless you have custody and property issues that need to be resolved during the one year separation period.

Below is the address of a North Carlolina Bar Association pamphlet on the subject.

I've been there....good luck to both of you.



http://www.barlinc.org/public/pamphlets/divor00.pdf

 

[SimplySouthern]

Depends on your situation. If it is to be an amicable divorce (they seldom are) and both you and your wife agree on the official seperation date, you don't need seperation papers to authenticate this date.

However, a word of warning. I have seen people who both wanted to be divorced in the worst way do mean things to one another to prevent the other from ever being happy again. This includes fighting and bickering about the date of seperation. Seperation agreements, in my opinion, protect your interest. If you have no Equitable Distribution issues to settle and no minor children born of the marriage, you should be able to find an attorney who will draw up one for a reasonable price.

If you have more questions or if you would like for me to recommend a local attorney for you, please either email or PM me. I would be more than happy to help.

 

[registered "^^"]

File

get it on the record.

 

[Weevil]

As a Lawyer, which I'm not, I'd say you should probably get everything you can in writing and make it all official. Leaves less room for messy fights.

 

[FlamingoBlue]

I wish I could help you, but....

I practice law in Michigan and don't know squat about the law where you live. Follow the Texan's advice. He appears to have done his homework.

No property, no kids, no problem. Congratulations on getting on with your life.

blue

 

[Neale]

Thank you all, very much

Looks like the plan will be just to leave. It is a very amicable divorce, so I really don't have any concerns about things getting nasty. Besides, I have no property or income until I graduate, so the only person with any reason to worry about getting money from the other is me, and I don't want any from her. Seeing as how I very easily could stir up LOTS of shit in a communal property state like NC, she has every reason to be nice.

Again, I thank you all very, very much for your advice and kind words. I'll keep you posted in the months to come... Maybe even show ya wedding pics when I marry the lady I ought to have married in the first place!

(Granted, I didn't actually KNOW her then... but she still would have been a much, much better choice.)

 

[Sweetlola]

Funny....

It's funny that you posted this. I live in NC and just left my husband on the 27th of July. North Carolina law states that the date of separation is the date I left, regardless when we took the official papers to court... and regardless when papers were served on my husband. Have you gotten an attorney yet? Mine has given me a plethora of information on dos and don'ts for the breakup. PM me if you have any questions you think I might be able to answer about divorce here in the Bible belt. Good luck... my thoughts are with you.

 

[Chuckus]

Re: File

get it on the record.

I got divorced in SC, get it on FILE and recorded. Do it and Do it now, you never ever know what can happen. Get it legal. Remember until you have anything filed you are STILL married. The law does not see it any other way. If she gets nasty with you, Police Officer just happens to drop in your place by mere chance and find you with another woman, then WHAM-O she can stick it to you (in more ways than one). Even those of us with the best of intentions need to cover ourselves, make sure the blanket is pulled to OUR side of the bed. The quicker you do it, the better you will be.

Are you in the Mountains of NC? Coastal Area? Central NC? Lawyers can do a non contested divorce pretty cheaply and pretty fairly. DO NOT and I repeat DO NOT use the same LAWYER as her. You both need a lawyer to cover your own MUTUAL ASSES. Period. The lawyer will work with you to better YOUR CASE if you hire him/her yourself and she hires one herself.

I have some experience here. I did all my legal proceedings myself. I was the defendant, represented myself thru the help of some legal friends of mine, who were lawyers....and she hired a lawyer herself. So that is that.............the sooner you do it, the better you will feel about it~the both of you, because then the LEGAL seperation has begun and it is LEGAL. You are technically still married but seperated. Check the NC Bar web page above and do a search on it...........Good Luck.

Chuckus

 

[Desert Amazon]