How do we get legally separated?

In N.C. there really isn’t legal separation. You are separated from your spouse when you stop living together and at least one spouse plans for the termination to be permanent.

Do I need a separation agreement?

You don’t have to have a separation agreement to get divorced. Many people do however want to get an agreement in place.

What is included in a separation agreement?

You can agree on property division, debts, alimony, custody, and child support.

Is it binding?

Yes, a separation agreement is a binding contract that both parties sign and their signatures are notarized. The agreement is a contract and it is enforceable in court.

Can I do it myself?

You can but should you do it yourself is really the question that needs answering. If you have no children and you own very little property you might be able to do it yourself. If you have children, property, debt etc… it is best to get an attorney to help you. Once the agreement is signed, a court has a very limited authority to change what the parties agreed on.


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