It is generally a good idea to wait to sign the Separation Agreement until you are ready to separate. However, couples often have the documents drafted while they are still living together so that they can negotiate the details of the property, child custody, child support and other issues. You can hire an attorney to draft the agreement, or you can try to draft yourself. Either way, I would advise that you have an attorney review the document.

Lisa M. Angel
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, NC 27607
(919) 781-1741 direct voice
(919) 256-1660 direct fax
(919) 787-6668 main voice
(919) 787-6361 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.

Can a couple live in the same house and yet get a separation agreement? My wife and I are going to split in June however, we are staying together until school is out for the kids. I will have custody of our child. We have worked out most of the details of the separation and would like to draw up papers while we are agreeing can this happen? If so, how.

Tony L Owens Sr