When does a Separation Begin?

In North Carolina, parties are separated when they begin to live in separate residences and one (or both) of the parties develops the intention to live separately from the other permanently. In Virginia, the parties can separate in the same residence, but it could be difficult to prove if a spouse denied the separation.

You do not need a separation agreement to be separated. It is a question of fact which must be proven if you want it to be decided in your favor, should your spouse disagree about the separation date. (Some spouses disagree about the date not out of love and a desire to preserve the marriage, but rather because a divorce allows the court to divide assets and award alimony or spousal support.)

Your separation begins on the date you start to live separate and apart. While you can state the date in a separation agreement, the agreement does not necessarily start the separation.

In North Carolina, parties must be separated for a year prior to filing for divorce. In Virginia, parties must be separated for a year or, if there is a signed agreement and no minor children of the parties, for six months prior to filing.