On this page we explain what it really means to be legally separate. We also explain how it differs from physical separation or “separation date.” Divorce and legal separation are valid and useful options to consider if you are facing a failed marriage. Take the time to think about what works best for you. Couples choose legal separation instead of divorce for many reasons. Here are some of the most common reasons: anyone can separate at any time for any length of time and no legal intervention is required. If you and your spouse live in two different apartments, you are separated. Legal separation occurs when the court officially declares that you are separated. You entered into the written agreement, which was drafted without a lawyer, at a time when you both anticipated that you would have to ask a judge to rule on the issue of child support because you both had strong disagreements about it. You drafted the agreement yourself, which only covers custody and property, because you and your husband found both areas quite easy to do on their own. There was simply no custody conflict. You`ve also felt particularly secure when it comes to real estate, as you`ve always managed family finances. You were sure you hadn`t neglected marital property when you added it all up. They also felt that all assets had been valued and divided fairly.
You and your husband have been looking for an example of language for your written consent in several legal texts; You both understood that your contract would be a binding agreement; And you both hope that there will be no major omissions or errors in the wording you made. Therefore, you are not really concerned about the future implementation of the custody and property agreement that you both have in place. The important difference between divorce and legal separation is that your marriage is officially terminated when you divorce. You are no longer married to each other. You are free to remarry. You live your life forward as one person. A couple is legally separated on the day the husband and wife move into separate apartments to live permanently separate from each other. Living in the same house in different rooms is not physically separate.
Often, people mistakenly believe that as long as they sleep in different rooms in the same house and say they are separated, that`s enough. This is not the case. In other countries, legal separation may become grounds for divorce. You solve all the problems when you create your separation agreement, live under it for a period of time, and then after a while, that agreement is converted into a divorce decree. You can be legally separated as long as you and your spouse think it`s better. However, if you plan to use your separation agreement later as the basis for a divorce, you and your spouse must have lived apart for at least one year under your separation agreement. A physical separation simply means that husband and wife no longer live together. Spouses may physically separate for a variety of reasons. They can live apart and apart for months, years or decades without ever filing anything in court. This does not mean that they were ever “legally” separated. Physical separation, no matter how long, does not suddenly become a judgment of separation one day. However, post-separation meetings, before legal documents are signed by court agreement or order, usually tend to complicate matters.
Divorce is already an emotional situation and adds a new relationship and feelings are hurt and emotions go even higher. And if the person you`re dating stays overnight when your kids are around, a judge doesn`t like it very much and it could affect the time you have with your kids when you have to go to court. Judges love stability and consistency for children and allow a new person to spend the night and immediately become a part of a child`s life, so soon after a separation it rarely feels good in court. It wouldn`t necessarily hurt you if you hadn`t had illegal sex with the person before the breakup. But it`s still adultery, as mentioned above, to have sex with a third party while you`re still married, even if you`re separated. Once separation is effective, the vast majority of married partners in North Carolina opt for a private settlement regarding custody, alimony, and division of assets, as most people can settle their disputes without the intervention of a judge. You should keep this fact in mind, as national statistics predict that more than ninety percent of all couples will negotiate a settlement if they break up their marriage. In South Carolina, the only way to get a no-fault divorce from you is to live apart for a year. There is separate living when the spouses live in two different places. Living in different rooms in the same house is not considered a separate life. Spouses don`t need a separate support order and support to live apart, but it can help spouses protect their financial interests and resolve visitation and custody issues during the separation period.