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How can I get legally separated in North Carolina? 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.
In the context of divorce, cases such as this one from Virginia explain that ?Desertion occurs when one spouse breaks off marital cohabitation with the intent to remain apart permanently, without the consent and against the will of the other spouse.?
Under NCGS §14-322.1, you can be charged with a class I felony if you: Abandon your child for six months. Fail or refuse to provide support during that six-month period.
There is no separate claim in North Carolina for abandonment; however, it may be relevant in certain situations such as claims for divorce from bed and board and alimony where fault is a central part of the claim.
North Carolina General Statute (NCGS) §50-16.1A(3) defines marital misconduct as any of the follow acts that took place during a marriage, and before the date of separation: Illicit sexual behavior performed with an individual other than the spouse. Involuntary separation of the spouses due to a criminal act. ...
Under North Carolina law, abandonment occurs when one spouse (1) willfully ends cohabitation; (2) without the intent to resume living together; (3) without consent of the other spouse; and (4) without justification or provocation.
If One Spouse Wants the Other to Leave North Carolina courts have the power to force a spouse out of the marital residence if the other can prove a claim for divorce from bed and board, child support, and alimony or postseparation support where fault is shown.
North Carolina is a ?no-fault? divorce state so it is not necessary to allege acts of marital misconduct in order to be granted a divorce. Allegations of abandonment or constructive abandonment typically only become an issue if one spouse is asserting claims for post-separation support and/or alimony.