How is a seperation filed


#1

How are the seperation papers filed if they are not recorded in the Public Registry?


#2

Separation papers are not “filed” as in “filing for separation”. You would have a separation agreement drawn up, ask the other party to sign if in agreement to all parts, or make changes, negotiate as necessary and have it notarized that you have both signed, making it a legal contract. You should both have a copy. You do not have to have a separation agreement but it does make equitable distribution, child issues and other financial issues easier when it comes time to file for absolute divorce.


#3

Separation Agreements or shorter versions called memorandums can be recorded with the Register of Deeds to put the “world on notice” that you are no longer living as a married couple and are entitled to buy real property without the other’s joinder, ect.

As far as the physical separation goes, there is nothing to file, as in North Carolina separation is the act of living apart only, and does not change your legal status.