Greetings. You will need a separation agreement detailing the custodial arrangement between you and your husband. If this document is signed by both of you in front of a notary, you do not need to file it anywhere - although you can file it with the Register of Deed’s office in the county where you reside.
Then, the divorce is a separate process where you file a complaint. Child custody does not have to be part of the divorce.
My suggestion is that you take all your forms and pay the consultation fee for an attorney to ensure they are correct. Thank you.
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
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.