“My spouse and I are going to separate. We need to file separation agreement papers, right?” WRONG!
There are many myths and misinformation floating around the internet about divorce in North Carolina. The need to have a separation agreement or file some sort of “separation papers” is one of the more common questions that I hear from newly separated clients. There is no official document that needs to be signed or filed to be considered “officially separated.” You are considered separated under North Carolina law when you and your spouse reside in separate dwellings and at least one of you has the intention that the separation be permanent.
What’s Included in a Separation Agreement?
When parties split, their separation gives rise to many legal issues that need to be resolved. Among those legal issues are equitable distribution (the division of marital property), alimony, custody, and child support. Most parties try to resolve these issues through negotiation. If they can reach a mutual agreement resolving these legal issues, they typically set out the terms of their settlement in a binding contract. This contract is called a separation agreement. So, many people have a separation agreement settling the legal issues that they face when they separate, but having a written agreement is not a requirement to be considered separated.
At Wake Family Law Group, we are here to assist you with the legal issues that arise when you and your spouse separate, including negotiating a separation agreement. Schedule a consultation with one of our experienced attorneys today. For more information, visit www.wakefamilylawgroup.com.