You’ve Been Separated from Your Spouse for One Year in North Carolina. Should You File for Divorce?

Carole Albright

In North Carolina, you and your spouse have to be separated from one another with the intent of at least one of you to remain permanently separate and apart.  Once you reach the one year’s separation, filing for divorce is fairly straightforward. But SHOULD you file just because the year has passed?  Things you should consider before filing are: 

(1) will you lose health insurance coverage under your spouse’s plan?
(2) do you have property you want distributed to you or debt you want distributed to your husband or wife?
(3) do you need financial support in the form of alimony from your spouse?
(4) is there a tax benefit if you wait to file the following year?
(5) are you anticipating getting remarried in the near future?
(6) will divorce affect your rights under a separation agreement you have signed? 

For questions or assistance with filing for divorce, contact Carole Albright or Keith Black (both Board Certified Specialists in Family Law) at Black, Slaughter & Black in our Greensboro, Charlotte, Triangle, or Coastal offices.