Separation Papers


From what I know about seperation you need to be living in seperate homes not in the same house for this to be legal. I did this in nov got 6 more to go before I can even file and that is 30 days more plus add the court date when will it end.
Hope this helped maybe I am wrong but again from what I read this is it.
Hope things work out for you and good luck[:)]


Dear need sanity:

Greetings. You can have the separation agreement ready to sign, and then sign it when the house sale goes through, and then move out within 30 days of signing the agreement. From the date you stop living together, you have one year and one day to file for a divorce.

Remember that a divorce mediator cannot provide ANY legal advice to either of you. You should at a minimum have an attorney review your separation agreement before you sign it.

A separation agreement does not have to be presented to the court. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 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.


Hi Janet: Yes its the one who’s granted your wings!!

Question: Since I’m going to be “bunking” with my soon to be ex until the house sells, is it wise to start separation papers and then present them once the house is sold??? We have paid a divorce mediator and he’s preparing the paperwork, nowhere near completion, but since it may be a short or long time b4 the house is sold, would it still be valid in let’s say 6 mos??? Is there an expiration date on the separation papers when they have not been presented to the courts?

You did say I can’t file separation and remain in the household even from bed and board till house sells…(yes, repeating ourselves once again![:D])

Just trying to get my notes straight. I was told I can establish a time frame to remain in the house and then leave in lets say 3 mos. but not sure that’s true!!