Then you may obtain separate orders regarding matters such as alimony, child support, custody and visitation.
Fault generally falls under one of the following categories: abandonment/turning out, adultery, cruel or barbarous treatment, indignities, or alcohol/drug abuse.
But there are practical and legal considerations to keep in mind.
After becoming separated and deciding on a divorce, you and your spouse may have entered into negotiations about a separation agreement.
A legal separation allows you to remain married but live separately until either you either reconcile or file for divorce. In North Carolina, neither spouse needs to be held at fault for a couple to get divorced.
To obtain a legal separation, however, the person who files must provide information establishing that his or her spouse was at fault.
If you live in separate houses but maintain the appearance of a relationship, this will not satisfy the requirement either.
For example, your actions may have been in reaction to your spouse’s bad behavior, your spouse may have already forgiven you for your actions or your spouse may have encouraged your actions. A legal separation agreement will include a plan regarding the custody and care of the couple’s children.However, your spouse could become bitter if they learn that you have already started another relationship before the divorce decree is entered.This could create hostility and complicate negotiations on matters such as alimony or custody. It is not against the law to date another person while still married.Those at risk of being a victim of domestic violence should get this court order at once.If your spouse has filed for legal separation from you, but you believe you were not at fault, you should consult with an experienced lawyer.Here are the answers to some common questions about legal separation in North Carolina. Ullman & Associates now for specific answers to your individual questions.No, you do not need to be legally separated to obtain a North Carolina divorce.The agreement will spell out legal and physical custody, visitation, child support and how vacation times will be shared between the parents.The terms of that agreement must serve the best interests of the children above all, and can later be modified if there is proof that the current agreement does not do so.The welfare of children is the guiding factor in North Carolina custody agreements.Yes, you can have a relationship with another person while you are separated and waiting on your divorce to be final.