Hello,
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!
Andy
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.
Andy
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
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.