Filing Legal Separation in NC


#1

My spouse and I are amicably able to draft a legal separation and get it signed with a notary. Are there any steps to take after that? It appears that North Carolina doesn’t require a legal separation, but I didn’t know if we had to file it with the court still.


#2

You won’t file anything with the court to mark your separation. You are legally separated in NC as soon as you being living separate and apart (in separate residences). You may want to record a memorandum of the separation agreement with the register of deeds that includes a free trader if either of you intends to purchase real property before you obtain your absolute divorce.