Trial temporary separation


#1

My husband and I are considering separation and divorce. We decided to see a marital counselor and at the same time he will move out for a few months. We want to write up a legally binding document stating that he is not giving up any of his rights to house or marital assets and that our finances will still be handled in the same manner as always and that his additional living expenses would also be paid out of our joint accounts. Can we draw up something simply stating this and sign and have notarized and is it legally binding protecting us both? He works and I’m on disability. He is my disability custodian so I totally rely on him fir income. If we write this up informally and have notarized does this protect us both during this short 2-3 month trial separation?


#2

You will want a temporary separation agreement and you can draft this yourself. It is binding on both parties as long as you both sign it and each signature is notarized.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.


#3

Is there a specific format a temporary separation should be in ? Since everything remains exactly the same except he just isn’t living here? Could it be as simplistic as how I stated it above and then we just sign and notarized?


#4

There isn’t a specific format but the wording should be clear as to each party’s obligations (for example, how the mortgage, utilities, auto insurance, etc. will be paid and temporary spousal support) and that each party is reserving their right to equitable distribution of the marital property.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.