Potential clients often call our Greensboro law office requesting advice on “making their separation legal.” It seems to be a common myth that spouses can’t be “legally separated” without a written document. This isn’t true. In the eyes of the law spouses’ separation occurs when 1) the spouses begin to live separate and apart from one another e.g. one spouse moves out of the marital home, AND 2) there is intent one the part of at least one spouse to end the marital relationship.
When these two conditions occur, parties are separated and the one-year waiting period required before a divorce begins. However, there are many reasons to consult with a family law attorney regarding a separation agreement. Separation agreements are contracts between spouses determining their rights and responsibilities after separation. Look for upcoming posts exploring the purposes of separation agreements in more detail or contact our Greensboro law office for more information.