What doI have to do to get a divorce?

UPDATED: Jan 2, 2012

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What doI have to do to get a divorce?

I have been separated from my husband for 8 months. What kind of separtion papers do I need to have to get a divorce? We live in NC.

Asked on January 2, 2012 under Family Law, North Carolina


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am so sorry for your situation.  The state of North Carolina recognizes a legal separation agreement as an aveue toward divorce.  You need to be legally separated for one year and one day to convert the agreement to a divorce.  Now, North Carolina recognizes the date of legal separatin as the day you had separate residences.  I would consult with an attorney about drafting an agreement that discusses the particulars such as asset distribution, etc. and see if you can name the date of separation as the 8 months prior so you do not lose the time.  If the law does not allow that then you need to file for divorce. Good luck.

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