Separation


#1

I need to obtain a legal separation quickly. I have been separated of over 10 years and never followed up for the divorce.
Presently, I have been approved for a home mortgage with conditions. I need to get legal separation agreement before closing which is pretty soon. How quickly can this be done? If both parties show up and sign paperwork, present ID, notarize, etc., what more needs to be done? Also what is the price for this?

Thanks


#2

Your post raises several issues. First, in order to be legally separated in North Carolina, you simply need to live separate and apart (and it sounds like you have been for some time). There is no legal action you can take ‘obtain legal separation.’ If the bank requires that you provide them with a separation agreement, you can draft this yourself and you and your spouse will need to sign the agreement in front of a notary. We have a sample separation agreement on our website. If you are buying a new house and you are not divorced, you’ll also want to have your spouse sign a free trader so he has no rights in the new property. I would suggest you hire an attorney to help you through this process. At a minimum have an attorney review the agreement if you opt to draft it yourself.