Where should separation be filed?


Dear deb727:

Greetings. The legal date of separation is the day you stopped living together and one of you intended the separation to be permanent. That is the date you place in the separation agreement.

What do you mean file? You draft and sign a separation agreement, but I would recommend against filing the same. You may want to record a memorandum of agreement, but that is different. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

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

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 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.


My husband and I are going to file a legal separation. We have been separated for a month, can we put the date we actually separated on the papers, or will the legal date be the date it is filed? Also, we now live in different counties, can the separation be filed in either county, or should it be filed in the county we resided in as husband and wife?