Although the state of North Carolina does not require that you obtain a separation agreement in order to be considered legally separated, it can certainly help you and your spouse work out certain matters.
If you live in North Carolina and want to legally separate from your spouse, there is no formal process you are required to go through to do this. The North Carolina Judicial Branch says if you want to be considered “legally separated,” you and your spouse must be living in different homes and one of you intends on separating permanently.
The courts will not recognize you as legally separated if you live in the same home as your spouse (even if you are no longer together) or if you live apart but don’t intend on permanently separating.
Do I need a separation agreement to be considered legally separated?
If you want to make your separation more permanent, there are lawyers who can help you draw up a separation agreement. Separation agreements are contracts between spouses that outline the terms of the split. For instance, you’ll want to include who will pay what in terms of bills, where each party will live, and how time will be divided if minor children are involved.
Although the state of North Carolina does not require that you obtain a separation agreement in order to be considered legally separated, it can certainly help you and your spouse work out certain matters that would otherwise make it difficult for you to move on with your lives.
Also, if the terms of the agreement work out well for you and your spouse, it can be adopted and included in your final divorce order. When the terms of a divorce are already worked out (i.e. child custody, alimony, child support, etc.), they tend to be less costly and settle much quicker.
Separation agreements are best prepared by Charlotte divorce lawyers who can tailor the agreement to ensure it meets your family’s needs. If you need help finding North Carolina divorce lawyers who can assist with this, USAttorneys.com is here to help you locate one nearest you.
Divorce lawyers understand what should and shouldn’t be included in these documents and can explain the steps you’ll need to take to ensure they are validated and upheld.
What are the requirements for a divorce in Charlotte?
Before you can get a divorce in Charlotte, you’ll need to ensure you’ve been separated from your spouse for at least a year and a day. You’ll also need to meet the residency requirement before you file. To do that, either you or your spouse must have lived in North Carolina for the past six months and are currently living in the state.
If you meet these requirements and are ready to proceed with a divorce, USAttorneys.com can help you find divorce lawyers in your area. We can also connect you with skilled child custody lawyers if you have minor children and have questions pertaining to how parenting time will be divided.
Have questions about this article or a legal concern? Call 800-672-3103.
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