You can draft your own separation agreement (whether that’s a good idea depends on the complexity of your situation - remember, all you have to lose is everything you own - if that’s not much then you don’t have much to worry about). See our website at rosen.com/ppf/ID/114/issues.asp for more information. It must be signed and notarized by both parties to be effective. You do not need to file it anywhere. Once it is signed and notarized, it is a valid, binding document. You each should keep a copy. Once you’ve separated, child support payments should begin. You do not need a separation agreement to do that. However, you may want to check with your local child support enforcement office to obtain an order for child support. The length of time to obtain such an order will vary from county to county. He does have to pay child support even without a pay stub. If he is self-employed or unemployed, child support enforcement has guidelines to deal with those situations.
You do have to be separated for 1 year before you can file for divorce.
Shonnese D. Stanback
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 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.