# Ed **URL:** \ **Category:** Divorce and Separation Answers\ **Created:** [June 4, 2008, 9:13am UTC](https://forum.rosen.com/t/ed/6072 "2008-06-04T09:13:19Z")\ **Posts on this page:** 7\ **Page:** 1
**Author:** ![stepmother](https://avatars.discourse-cdn.com/v4/letter/s/90ced4/32.png) [@stepmother](https://forum.rosen.com/u/stepmother)\ **Post date:** [June 4, 2008, 9:13am UTC](https://forum.rosen.com/t/ed/6072/1 "2008-06-04T09:13:19Z")
Separation agreements usually include ED and they are not “filed”. Have the agreement notarized and you both have a copy. It’s a good idea to attempt to settle as much outside of court as you can. Going to court, while sometimes necessary, is costly, time consuming and very stressful. ---
**Author:** ![Helena\_Nevicosi](https://avatars.discourse-cdn.com/v4/letter/h/db5fbb/32.png) [@Helena\_Nevicosi](https://forum.rosen.com/u/Helena_Nevicosi)\ **Post date:** [June 4, 2008, 7:12pm UTC](https://forum.rosen.com/t/ed/6072/2 "2008-06-04T19:12:19Z")
You can have just a written agreement between the two of you, however you should have it reviewed by an attorney to ensure that it complies with the rules necessary for a separation agreement. P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit [radio.rosen.com/live](http://radio.rosen.com/live) for details Helena M. Nevicosi Attorney with Rosen Law Firm 4101 Lake Boone Trail, Suite 500 Raleigh, North Carolina 27607 919.787.6668 main phone 919.787.6361 main fax Charlotte Office 301 McCullough Drive Suite 510 Charlotte, NC 28262 Main Phone: (704)307.4600 Main Fax: (704) 9343.0044 Durham & Chapel Hill Office 1829 East Franklin Street Building 600 Chapel Hill, NC 27514 (919) 321.0780 > **[North Carolina Divorce Law - Legal Answers and Info](https://www.rosen.com/)** > > The best resource for divorce in NC. Find accurate, legal, family law advice from attorneys practicing in Raleigh, Durham, Cary, and Chapel Hill. 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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations. ---
**Author:** ![don5327](https://avatars.discourse-cdn.com/v4/letter/d/ed655f/32.png) [@don5327](https://forum.rosen.com/u/don5327)\ **Post date:** [June 5, 2008, 6:07am UTC](https://forum.rosen.com/t/ed/6072/3 "2008-06-05T06:07:12Z")
Helena, What are the rules for a separation agreement? What NC General statue sets down these rules? Is not a separation agreement a simple written document between 2 people which has been signed by each and notarized? ---
**Author:** ![Helena\_Nevicosi](https://avatars.discourse-cdn.com/v4/letter/h/db5fbb/32.png) [@Helena\_Nevicosi](https://forum.rosen.com/u/Helena_Nevicosi)\ **Post date:** [June 8, 2008, 10:25am UTC](https://forum.rosen.com/t/ed/6072/4 "2008-06-08T10:25:02Z")
Yes, a written notarized document is sufficient to be a separation agreement. However, if it does not contain waivers of your marital rights and duties and a waiver of your rights to equitable distribution, it may not be a final resolution of these issues. P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit [radio.rosen.com/live](http://radio.rosen.com/live) for details Helena M. Nevicosi Attorney with Rosen Law Firm 4101 Lake Boone Trail, Suite 500 Raleigh, North Carolina 27607 919.787.6668 main phone 919.787.6361 main fax Charlotte Office 301 McCullough Drive Suite 510 Charlotte, NC 28262 Main Phone: (704)307.4600 Main Fax: (704) 9343.0044 Durham & Chapel Hill Office 1829 East Franklin Street Building 600 Chapel Hill, NC 27514 (919) 321.0780 > **[North Carolina Divorce Law - Legal Answers and Info](https://www.rosen.com/)** > > The best resource for divorce in NC. Find accurate, legal, family law advice from attorneys practicing in Raleigh, Durham, Cary, and Chapel Hill. 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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations. ---
**Author:** ![don5327](https://avatars.discourse-cdn.com/v4/letter/d/ed655f/32.png) [@don5327](https://forum.rosen.com/u/don5327)\ **Post date:** [June 9, 2008, 7:30am UTC](https://forum.rosen.com/t/ed/6072/5 "2008-06-09T07:30:39Z")
What wording would constitute a wavier of marital rights and duties? ---
**Author:** ![Helena\_Nevicosi](https://avatars.discourse-cdn.com/v4/letter/h/db5fbb/32.png) [@Helena\_Nevicosi](https://forum.rosen.com/u/Helena_Nevicosi)\ **Post date:** [June 11, 2008, 6:32pm UTC](https://forum.rosen.com/t/ed/6072/6 "2008-06-11T18:32:49Z")
There is specific wording related to issues such as inheritance rights, obligation for necesaries purchased by the other spouse, right to contract, right to employment, etc. The issues are too numerous to list in detail on the forum. P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit [radio.rosen.com/live](http://radio.rosen.com/live) for details Helena M. Nevicosi Attorney with Rosen Law Firm 4101 Lake Boone Trail, Suite 500 Raleigh, North Carolina 27607 919.787.6668 main phone 919.787.6361 main fax Charlotte Office 301 McCullough Drive Suite 510 Charlotte, NC 28262 Main Phone: (704)307.4600 Main Fax: (704) 9343.0044 Durham & Chapel Hill Office 1829 East Franklin Street Building 600 Chapel Hill, NC 27514 (919) 321.0780 > **[North Carolina Divorce Law - Legal Answers and Info](https://www.rosen.com/)** > > The best resource for divorce in NC. Find accurate, legal, family law advice from attorneys practicing in Raleigh, Durham, Cary, and Chapel Hill. 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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations. ---
**Author:** ![kayro](https://avatars.discourse-cdn.com/v4/letter/k/779978/32.png) [@kayro](https://forum.rosen.com/u/kayro)\ **Post date:** [June 4, 2008, 7:51am UTC](https://forum.rosen.com/t/ed/6072/7 "2008-06-04T07:51:51Z")
My STBX and I have recently filed for ED, however, there has been no hearing or mediation concerning the matter. We have decided to come to an agreement about distribution and settle out of court since it could take months through the court system. Is there anything we have to do other than split it up? Does it have to be a formal filing? Can we just have a written agreement between ourselves?