Legal Separation

[Chuck Gardner]

What is the name of your state (only U.S. law)?
Chuck Gradner North Carolina
I have a question. We want to start the one year separation but in that year want to use that time to get our house ready for the market. We want to put the money one of us would have spent on moving out toward getting our house in order. In North Carolina can we sign a separation agreement stating we are living apart (which we would be in separate rooms) and stay at the residents? Would one of us have to legally change addresses to start the one year separation? If we had to can we use one of our mother’s addresses as legal residence and stay under one roof?

 

[mistoffolees]

What is the name of your state (only U.S. law)?
Chuck Gradner North Carolina
I have a question. We want to start the one year separation but in that year want to use that time to get our house ready for the market. We want to put the money one of us would have spent on moving out toward getting our house in order. In North Carolina can we sign a separation agreement stating we are living apart (which we would be in separate rooms) and stay at the residents? Would one of us have to legally change addresses to start the one year separation? If we had to can we use one of our mother’s addresses as legal residence and stay under one roof?

Apparently, you need separate residences:
Legal Separation | Getting Separated in North Carolina
"Husband and wife cannot continue to live together in the same home and be separated. They must live in different residences."

And don't even try pretending that one of you is living somewhere you aren't. That's fraud - big time.

 

[Chuck Gardner]

If we have an uncontested divorce and have signed a Separation Ageement we go to a lawyer and divide up assets and determine the child custody. Would we then stand in front of the judge and one have to state we lived in separate for that year?

 

[mistoffolees]

If we have an uncontested divorce and have signed a Separation Ageement we go to a lawyer and divide up assets and determine the child custody. Would we then stand in front of the judge and one have to state we lived in separate for that year?

You will be signing an affirmation that everything is true. If you're relying on a one year separation to get a divorce and you were not separated for one year, you are guilty of perjury. Don't go there.