If the two of you have agreed on the terms of your separation, you should have this formalized in a written Separation Agreement. So that there are no confusions or questions down the line. In NC a Free Trader Agreement is sufficient to allow you to purchase property in your own name. Once you have a signed Separation Agreement, that is usually all you need and it gives you the right to contract as though you had not been married.
I do not know what you would need to do to meet the requirements of the state you will be moving to.
Once you have separated it does not matter who files for divorce. If the divorce is filed in NC and you do not use attorney’s, one of you will need to appear in court. If you use an attorney, neither will have to appear in court, unless it is contested.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
301 McCullough Drive
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 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.