How to Get a Legal Separation in North Carolina

Legal separation in North Carolina requires no paperwork but a written seperation agreement is popular for a number of reasons.

Obtaining a legal separation in North Carolina is fairly simple. Under state law, a married couple is legally separated once they are living separate and apart with at least one spouse having no intent of returning to the marital relationship. The only requirement in North Carolina for obtaining a divorce is that both parties have been separated for one year. Separation agreements are legally binding contracts that are helpful in agreeing on a definite separation date, property division, financial responsibilities, alimony, child support and other matters before the divorce. It makes the divorce process less complicated.

Things You'll Need

• Computer
• Paper
• Ink pen
• List of debts and assets
• List of all marital property, bills, credit cards and monthly expenses
• List of all life and medical insurance costs and beneficiaries
• Bank accouns, retirement accounts or pension plan statements
• List of personal property (furniture, collectibles, vehicles, etc)
• Copy of all property deeds or deeds of trust

Instructions

1. 

   Talk to your spouse about your separation agreement. If you can't agree there is no agreement.

   Discuss obtaining a separation agreement with your spouse and determine if drafting your own agreement is acceptable to the other party.

2. 

   Calculating monthly expenses, debts and assets is important.

   Gather bank statements, bills, credit card statements, insurance, pension and property deeds, among other necessary documents. Include a personal property inventory and evaluate monthly expenses.

3. 

   Determing how debts and assets will be shared is the next step.

   Determine who is responsible for what bills or debts and who will live in the marital home. Decide who will retain what assets, property and accounts. Make a decision about child custody and support or financial support, if necessary.

4. 

   Child custody and child support can be included in a separation agreement.

   Put your negotiations in writing. It may be helpful for each spouse to make a list of wants or needs based on their individual incomes. Ask yourself questions like: Can I afford the house payment on my own? Who will pay for what share of daycare if children are involved? Should we share custody of the children or have one parent with primary custody? Who will pay property taxes, credit card debts and the mortgage?

5. 

   Begin with a draft agreement.

   Draft the agreement using a computer word processing program of your choice. You may want to title it "Legal Separation Agreement." Be sure to include the date of marriage and date of separation and all agreements made regarding debts, assets, children, alimony or other issues. You may want to include terminology that it is both parties desire to date other people without interference, if that is the case. You may want to model your agreement after a sample document that can be found online or in a legal forms book.

6. Review the draft with your spouse. Ensure that you both agree with all terminology and clauses in the contract. Make corrections or revisions as necessary and seek legal advice from an attorney if you choose.

7. Finalize the contract. Make it valid by both parties signing the document before a notary. You can find a notary by looking in your local telephone directory. Most license plate agencies in North Carolina (which are private contractors) provide notary services for a nominal fee. You may choose to file the document at the Register of Deed's office but this is not required and makes the document public.

Tips & Warnings

• If you and your spouse cannot agree on terms of your separation agreement you may seek for a court ordered legal separation if your situation meets certain criteria. In North Carolina this is called a "Divorce from Bed and Board" not to be confused with a final "Divorce." It is a process for settling disputes over property, debts and other issues via the court system prior to the one year separation required for a divorce. Abandonment, turning out of doors, cruel treatment, indignities, excessive use of alcohol or drugs or adultery are examples.

• There are risks in attempting to write your own separation agreement. Without consulting an attorney you may not be fully aware of your legal rights or financial entitlements. In signing a contract you do not fully understand you may unknowingly be giving up certain rights that you may have or agreeing to terms in excess of what a court legally may require. For example, you may end up receiving less or paying more child support than the courts may reasonably order.

• Sometimes, one spouse may seek an attorney and pressure the other to sign an agreement that is in that one person's best interest. Many times such an agreement will note that the other party was advised to seek his own legal representation. Hiring an attorney to look over a document that has already been drafted and you plan to sign may be to your benefit and save you money and heartache later.

References

• North Carolina Bar Association: This is the Law Phamplet on Divorce
• The Rosen Law Firm: DIvorce from Bed and Board

Resources

• North Carolina's Legal Services Statewide Website: About Us
• Rosen Law Firm: Sample Separation Agreement