Separation documentation


Dear timmyb:

Greetings. You need to go and talk to an attorney first to determine if you need a separation agreement and if so, what information you need to have contained in it. Yes, there is a format for the separation agreement and our website has an example, but it is just that “an example” and not specific to your needs. At minimum see a family law specialist and determine what your rights are. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607

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.


In one of the post, this was said, "Please note that you do not “file” for separation. Parties are legally separated in NC when they live in separate residences (not just separate rooms in their house). Instead, you want to have a separation agreement drafted and negotiated with your spouse while you wait to move. Best of luck."
Therefore, is there any kind of format for this “separation agreement”. It would be ideal to have everything needed in this document, then once the other party moves out, go and seek a lawyer…let them know we already have the separation document and be done with it. Is it or can it be this easy? Or, do I need to ask a lawyer for help drafing a separation document.

Thanks for your time and help…