Auto Insurance

North Carolina Divorce Law Divorce and Separation Answers
1

Dear ODYSSEY:

Greetings. You have run into one of the snags that makes us tell everyone they need a signed separation agreement. I do not know of any way in which you can “prove” your separation to a third party otherwise. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorcecom
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

2

Is it true that I must have a separation agreement to be legally separated to remove my spouse as a driver?

My insurance company refuses to remove my spouse from my policy (they have no problem removing her car). They stated I need to be legally separated and send a copy of the separation papers. I reminded the CSR that I lived in NC and separation is considered legal as long as both parties have separate residences. Also my spouse has no claim to my car (title in my sole name) and I have both keys. I was surprised they would let me remove her car as the title is in both our names.

How can I explain or prove separation without an drawn-up separation agreement? My spouse and I have already separated our property and do not need an legal drawn-up agreement.

Thanks in advance,
ODYSSEY