Bankruptcy & Separation/ Filing Costs


#1

1- My STBX & I have decided to file bankruptcy. We’ve been separated since June, but are filing legal separation papers now. We are agreement about the bankruptcy filing and it will be joint. Do you know if there are any issues that will arise since the bankruptcy will be filed after the legal separation papers?

2- In order for our separation to be binding/legal can we just sign the agreement in front of a notary & have it filed at the Register of Deeds or do we have to be seen in front of a judge? If we have to be seen, is there a cost involved with that proceeding?

Thanks in advance for your help! :slight_smile:


#2

There is no legal separation in North Carolina, and if you are filing for bankruptcy jointly there will be no adverse affect on your separation.

Separation Agreements in North Carolina are valid, binding contracts so long as they are signed by each party before a Notary Public. It need not be recorded with the register of deeds, however you may want to have a shorter version of the agreement (a redacted version called a Memorandum of Separation) recorded if either of you plans to purchase real property prior to obtaining a divorce.


#3

Thanks again for clarifying.


#4

You are most welcome.