Separation and Separation Agreements

HOW DO WE GET A LEGAL SEPARATION IN NORTH CAROLINA?

Legal separation doesn’t really exist in North Carolina.

Basically, you and your spouse are separated when you are not living together, and at least one of the parties has plans to permanently terminate the marriage.

IS IT NECESSARY TO HAVE A SEPARATION AGREEMENT TO GET A DIVORCE?

A separation agreement is not needed in order to get a divorce in North Carolina. However, many divorcing couples want to get an agreement in place.

WHAT CAN BE INCLUDED IN A SEPARATION AGREEMENT?

You can include agreements on property division, alimony, custody, and child support.

IS THE SEPARATION AGREEMENT BINDING?

A separation agreement, when signed by both parties and the signatures are notarized, is a binding contract and can be enforced in court.

CAN I PREPARE AN AGREEMENT ON MY OWN?

You can prepare and sign an agreement on your own, but the right question to ask is, should you do it yourself? You may do it on your own if there are no children involved and you own very little property and/or assets. However, it’s best to seek the legal help of a divorce attorney if there are children, debt, property involved. It’s worthy to note that once this agreement is signed by both parties and notarized, it’s unlikely for the court to change what the parties agreed on.