Separation


#1

NC does not recognize “legal separation”. You are separated when you don’t live under the same roof. Separation Agreements are agreements between spouses as to almost anything. Property, alimony, custody, child support etc. They must be notarized per 52 10.1. See below.


#2

A separation agreement is there to protect each party. I have read SOOO many posts about folks who separate without one and there are too many things that can be overlooked such as child visitation, splitting of property and belongings, payment of debt etc… Of course the visitation and such can be decided by court, but it is much easier to decide these things amonst yourself if you can.

In order for an agreement to be binding, it must be notarized. If one fails to abide by the agreement then they are in breech of contract and open to court action. If you don’t get it notarized, then you have nothing to back you up.

I stayed around for many months waiting for my STBX to sign an agreement and I’m glad I did. Our relationship was very strained, so an agreement was necessary.


#3

In North Carolina you are legally separated on the day you begin to live separate and apart. We do not have a legal status of “legally separated” some states have this status and it creates certain rights and obligations, much the same way rights and obligations are created when someone marries or divorces.

A separation agreement must be notarized to be legally binding.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

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

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#4

Of course being “agreements” you both have to agree to sign. You cannot force your spouse to sign an agreement. You can get a divorce without one. All property in dispute will have to be decided by trial.


#5

What is separation legally? Legal separation? Is it a contract in any way? Is there any use in getting a separation agreement notarized?

Thank you.