Do I have to get legally separated in NC before getting a divorce?

No, in NC there is no procedure for being "legally separated." The court will consider the date in which either party left the marital home with the intent to end the marriage. You must, however, be separated for at least 1 year before you can be divorced in N.C. (unless the person is mentally impaired, then there are additional requirements).

You can, however, petition the court for a "Divorce from Bed and Board" which is essentially a legal separation. While not required, this may protect you from a future claim for alimony if your spouse can show that you abandoned him/her. In N.C. alimony is fault-based, so if you can prove that your spouse was at fault for the divorce, you may be awarded alimony as a "penalty" for these actions. However, the court will generally assign fault to one party and consider the other party as having no fault affecting future alimony claims, so this a risky option. 

In my opinion, a better option is a separation agreement because both parties have a voice without a judge deciding their financial future. Separation Agreements can include spousal support, alimony, property distribution, custody and child support. While a judge makes the final decision during a divorce proceeding, this agreement can guide a judge about what is best for the spouses and the children. The agreement also keeps attorney's fees down because spouses aren't fighting over money and property as it is all written down, reducing the number of hearings.

We do flat fee uncontested divorces and separation agreements! If you have more questions or need assistance with a divorce or child custody, give me a call at (919)321-6569. Check out our website at Kisala Watkins Law Group, PLLC.