Separation Agreement - Thru lawyer or by myself?


I separated from my wife in October. We filled out a paper that we both signed stating our separation date and the fact that I live in a separate dwelling. Is that good enough for us to be able to divorce in a year or do we have to go thru a lawyer to get a separation agreement? I have proof that I am making rent payments as well and of course my lease for my new place. Thanks!


essentially, I need to know that the way I am doing this will be acceptable i an year and I will not have done all this in vain.


You do not need any separation agreement or any other document in order to obtain an absolute divorce. For absolute divorce purposes, you must testify under oath that you have been living continuously separate and apart for at least one year and that you intended for the separation to be permanent.

However, if you have marital property (assets and debts) that need to be divided, or alimony, child custody, or child support issues, then a separation agreement can be helpful, if not necessary, to set forth each spouse’s obligations and which assets and debts each spouse is keeping.

Take a look at our Sample Separation Agreement for a template you can use to draft your own.

Also, you can get access to a library of legal forms and communicate with an attorney through our Rosen Online Service. This service only costs $199/month and could be a great resource for you to handle your separation without spending thousands of dollars retaining an attorney.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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