# File our own separation in NC? **URL:** \ **Category:** Divorce and Separation Answers\ **Created:** [July 26, 2013, 1:45pm UTC](https://forum.rosen.com/t/file-our-own-separation-in-nc/15153 "2013-07-26T13:45:58Z")\ **Posts on this page:** 6\ **Page:** 1
**Author:** ![BusyBee123](https://avatars.discourse-cdn.com/v4/letter/b/3bc359/32.png) [@BusyBee123](https://forum.rosen.com/u/BusyBee123)\ **Post date:** [July 26, 2013, 1:45pm UTC](https://forum.rosen.com/t/file-our-own-separation-in-nc/15153/1 "2013-07-26T13:45:58Z")
My husband and I seem to be able to come up with our own separation agreement…but with trying to keep up with separating our incomes and new expenses, it’s not feasible to come up with the quoted $1000 to have the agreement written and filed by an attorney. Is it possible to file our own notarized document with the clerk of court or something to have it on file with the courts, as the attorney would? ---
**Author:** ![SadSadDaddy](https://avatars.discourse-cdn.com/v4/letter/s/e495f1/32.png) [@SadSadDaddy](https://forum.rosen.com/u/SadSadDaddy)\ **Post date:** [July 26, 2013, 3:58pm UTC](https://forum.rosen.com/t/file-our-own-separation-in-nc/15153/2 "2013-07-26T15:58:12Z")
> [@BusyBee123](#): > > Is it possible to file our own notarized document with the clerk of court or something to have it on file with the courts, as the attorney would? Does it even need to be filed? Or is it enough to just have two copies signed and notarized and kept in each person’s posession until such time (if any) that filing does become necessary? ---
**Author:** ![BusyBee123](https://avatars.discourse-cdn.com/v4/letter/b/3bc359/32.png) [@BusyBee123](https://forum.rosen.com/u/BusyBee123)\ **Post date:** [July 28, 2013, 11:56pm UTC](https://forum.rosen.com/t/file-our-own-separation-in-nc/15153/3 "2013-07-28T23:56:38Z")
That’s where I get conflicting info. I’m told we can write and notarize an agreement but its only “enforceable” if drafted by a lawyer and filed with the court. I can’t determine what’s suitable. You would think any notarize and singed document would be enforceable. ---
**Author:** ![Kathleen\_Putiri](https://avatars.discourse-cdn.com/v4/letter/k/57b2e6/32.png) [@Kathleen\_Putiri](https://forum.rosen.com/u/Kathleen_Putiri)\ **Post date:** [July 31, 2013, 2:00am UTC](https://forum.rosen.com/t/file-our-own-separation-in-nc/15153/4 "2013-07-31T02:00:42Z")
An agreement is enforceable under contract principles by filing a breach of contract action. A court order is enforceable by the [contempt](http://www.rosen.com/childcustody/carticles/understanding-the-contempt-process/) powers of the court. Either can be drafted by the parties without representation of a lawyer. If the expense is an issue, you should consider using [Rosen Online](http://www.rosen.com/online). We can provide assistance with drafting (advice and forms) to make sure it gets done correctly for a monthly fee. ---
**Author:** ![BusyBee123](https://avatars.discourse-cdn.com/v4/letter/b/3bc359/32.png) [@BusyBee123](https://forum.rosen.com/u/BusyBee123)\ **Post date:** [July 31, 2013, 12:50pm UTC](https://forum.rosen.com/t/file-our-own-separation-in-nc/15153/5 "2013-07-31T12:50:33Z")
So if I wanted the agreement to be enforceable by contempt powers of the court, how or where do I file the agreement? ---
**Author:** ![Kathleen\_Putiri](https://avatars.discourse-cdn.com/v4/letter/k/57b2e6/32.png) [@Kathleen\_Putiri](https://forum.rosen.com/u/Kathleen_Putiri)\ **Post date:** [July 31, 2013, 8:50pm UTC](https://forum.rosen.com/t/file-our-own-separation-in-nc/15153/6 "2013-07-31T20:50:00Z")
If you want it to be enforceable using contempt, the agreement has to be in the form of a consent order, and you have to file a [complaint](http://www.rosen.com/childcustody/cforms/court-complaint-for-custody-support-alimony-and-property-division/) with the court, and have a judge sign off on the order.