North Carolina Legal Separation Information

North Carolina courts can assist with matters of separation.

Living in separate residences with intent to remain apart determines separation in North Carolina. Separation is effective on the date separate living arrangements occur. "Legal separation" is a misnomer and does not exist in North Carolina.

Separation Documents

Legal documents, drawn up to resolve matters of separation, are called separation agreements, separation contracts and property settlements. Some separated couples opt to obtain a court order to address these issues instead of using attorney-drawn documents.

Documents

Some people believe that legal intervention by attorney-drawn contract or court order is what makes a separation "legal." In reality, the documents are only legal documents that spell out how a husband and wife will handle financial obligations, debt, child custody, support and property division. A written contract is not required by law.

Considerations

Separation after marriage can be emotionally draining. Seeking an attorney or calling upon the court to help protect rights and lay out responsibilities is prudent, especially when children are involved. Each partner will then have a legally binding record of agreed-upon terms and conditions.

References

• Rosen Law Firm: When Are We Legally Separated
• Rice Law: Family/Separation
• North Carolina Family Law: Ten Questions