Separation vs. Divorce

Question:

Dear Cape Fear Family Law:

Do I need to file for separation?  How is that different from divorce?

-Don’t Understand

Answer:

Dear Don’t Understand:

Separation is the date you and your spouse start to live separately – not in separate rooms in the same house, but in different homes.  Divorce is the legal end to the marriage, which you can file for 1 day and 1 year after the date of separation.  The issues of post separation support, alimony, and property division need to occur prior to divorce, or the rights are lost.  Forever lost!  If you want to keep your attorney fees and costs to a minimum, try to resolve things through a Separation Agreement or through the courts as close to the separation date as before.  Talk to an attorney about your options and get moving.

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information above is available for public viewing and is not intended to create an attorney client relationship with any individual. This answer is provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.