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Some states consider a couple legally separated when they have signed a separation or marital settlement agreement and relocated to separate homes.A separation agreement is a binding contract, but the contract is between the spouses and doesn't involve the court until they’re divorced and it becomes part of a decree. In other states, legal separation is a process similar to divorce.
The significance of committing adultery also varies from state to state.In North Carolina, a legal separation occurs on the day that a couple separates from one another, meaning that they move into a separate residence with the intent to remain separate and apart from one another permanently.In order to qualify for a divorce in North Carolina, a legal separation for at least one year is necessary.Bigamy occurs when a spouse knows he's still married and marries again.In Tennessee, it's grounds for divorce and also a criminal offense.
In North Carolina, unless one spouse is clinically insane, couples can only file for divorce after a one-year separation period.