You do not need to use the Separation Agreement to file for divorce. Divorce is based on the verified complaint, (which contains allegations of fact listing the date of separation.
I have a Separation Agreement with my husband that is inclusive of Separation, Property Distribution, and Child Custody. It was a DIY document that we both signed.
In the Child Custody portion, it simply states “The custody of the minor child will be joint. Visitation will be divided equally.” Additionally, a few specific cost liabilities were assigned to each parent.
There are no monetary support requirements on either parent and has been agreed to by me/my husband.
My question relates to whether I need to break this custody piece out in a separate document or, since my husband and I have agreed on everything, is that necessary under NC/Mecklenburg County law? There’s so much out on the internet about ‘child custody agreements’, I just want to make sure we’re not going to delay the divorce proceedings.
Can you provide any recommendations? We plan to file for the absolute divorce ourselves and wanted to use this separation agreement document.