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Proof of the separation date requires corroboration from a third party witness, other than either of the spouses. When separating, it is advisable that you not only tell someone a friend or family member about the separation, but also show that person that you have separated.
However, in the eyes of the law, you are still legally married until you receive an absolute divorce. There is no need for a written document to declare your separation in NC. But a family law and divorce attorney may help you draw up terms for your separation and divorce that you can both live with.
While every divorce is different, every divorce must be filed through the state, and every state charges filing fees. In North Carolina, the cost of filing for an absolute, or simple divorce, is $225.
Fast divorce without being separated first is not possible in the state of North Carolina. In order to qualify for a divorce, you and your spouse must live separately for at least one year prior to filing and you or your spouse must be a North Carolina resident for at least six months.
A separation agreement or other written document is not required to be legally separated in North Carolina. To be considered separated from your spouse, you need to be living in different homes, and at least one of you needs to intend that the separation be permanent.
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This means you will have to provide evidence showing the two of you reside in separate homes (not simply in separate bedrooms in the same house), pay separate bills, have separate accounts and are no longer physically together.
How do we get divorced? One spouse or the other must have resided in North Carolina for at least six months and the parties must have been separated for at least one year with the separation intended to be permanent. When those two requirements have been met, either party may file for an absolute divorce.
How do I file for divorce? A complaint, stating the facts of your case and your request for a divorce. A summons. A Domestic Civil Action Cover Sheet. An affidavit pursuant to the Servicemembers Civil Relief Act (SCRA), telling the court whether or not your spouse is in the military. You must pay the court filing fee.

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