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However, North Carolina law requires that a couple be physically separated at least a year and a day before they can file for an absolute divorce in North Carolina.
A spouse who is contesting a request for a legal separation may ask for the complaint to be heard before a jury.
A legal separation order may be sought in a difficult divorce if a spouse refuses to cooperate.
For example, if one spouse refuses to agree to move out, the other spouse may petition the court for a legal separation, known as a divorce from bed and board.
In contrast to obtaining an absolute divorce, you do not need to be physically separated for at least one year before you file the action. If you are seeking a legal separation, you should contact a Raleigh separation attorney right away. Ullman & Associates, a Raleigh separation lawyer can take swift action to develop your case, file your claim and make sure your rights and interests are protected. Ullman & Associates, we can also help you if you are the spouse contesting a divorce from bed and board.
We can raise defenses that include: Keep in mind: Reconciliation is not a defense to a legal separation action.
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If you live in separate areas of the same house, this does not satisfy the requirement.