Although there are differences between them, a separate support judgment can address some of the same issues as a divorce, such as custody, parenting time, visitation, child support, support for one of the spouses.
You file different kinds of papers in court if you are seeking separate support, support, divorce where your spouse was at fault, or divorce where neither spouse was at fault.
The court requires a "legal reason" for the divorce.
Grounds or reasons for a divorce are discussed starting at question 13.
The information in this article is based on North Carolina state laws in effect at the time of posting.
As a divorce lawyer in Charleston, South Carolina, clients frequently ask me how long it takes to get a divorce.
For more information about divorce and separation, see these articles in our Self-Help Guide. You do not have to get court permission to live apart from your spouse. We do have "separate support" cases in Massachusetts.
To get a Judgment for Separate Support or a Judgment for Support, you file a Complaint for Separate Support or a Complaint for Support.
Casual or isolated incidents of post separation sex with your spouse may lead to an emotional roller coaster, but such conduct alone will not toll the statutory period for filing for divorce based on a one-year separation.If the other spouse asserts a counterclaim, then the spouse who started the divorce as 30 days to respond to the counterclaim.So, not accounting for the time it takes to draft the summons and complaint, deliver it to the clerk of court for filing, and to serve the other spouse, it can take approximately sixty days to allow for the answer to the complaint and an answer to any counterclaims.It is important to note that your separation cannot be that you have moved into the bedroom down the hall.You must physically live in a different residence from your spouse to start the separation clock.