Separation Agreement with spouse out of the country

North Carolina Divorce Law Divorce and Separation Answers
1

Hi,

I am seeking to get a separation agreement, but there are several circumstances that I was wondering if they would prevent me from doing so.

I was married in Dallas Texas, but have been living in Charlotte North Carolina for over a year now. Does this agreement need to be filed with the court? Can my separation agreement be filed here in NC?

My wife, who is a us citizen, has gone to live with her family in Mexico and may or may not return to the United States. While I still have contact with her and can work out the details for a separation agreement, it may be difficult to get her signed document notarized since she has no interest in coming back to the states for that. Is there any way around this? Can her signed document be notarized without her being present? I’m not sure if or when she will come back, but I would like this agreement to protect myself going forward.

Also, if I eventually want to get a divorce which would most likely be uncontested, would my spouse still need to have documents notarized or even appear in court. If she never comes back from Mexico, would I be able to get out of the marriage?

Thanks!

Omar

2

Separation agreements are not filed with the court. They are simply a contract between you and your spouse. To be valid it must be signed and notarized by both parties. Perhaps your spouse could go to the embassy, or a resort that may have a US notary on hand. A notary must witness the signature in person.
As far as the divorce goes, your spouse will only need to be served the papers, there is nothing for her to sign or have notarized.