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This article applies to separation laws in the state of North Carolina.
One year of separation is the precursor to divorce in North Carolina.
In order for separation to be legal in North Carolina, couples must actively live apart from one another with the intention of remaining apart.
Occupying different rooms in the same dwelling place does not constitute legal separation in North Carolina.
Although a separation agreement or property settlement agreement is not necessary to make the separation valid, it is advisable to have one drafted when children, finances, and property are involved.
Due to the complex nature of the agreement, most couples elect to have legal counsel represent them in drafting the agreement.
The separation agreement outlines each spouse's rights and serves as a legally binding contract when notarized and signed by both parties.
Because it is an "agreement", neither party can be legally compelled to sign.
Before signing any separation agreement, it is advisable to have legal counsel review the language of the document with you.
Language included in a separation agreement usually deals with child custody, alimony, child support, financial responsibilities, and assets.
Though the agreement is viewed as a contract, do note that some aspects of the agreement, such as child custody and support matters, can be modified by the court.
In such issues, the court will act in the best interest of the child regardless of what the agreement reads.
Settlement agreements are advantageous in that they can help reduce the costs of litigation.
Anything that you and your spouse can agree upon will be beneficial in saving time and money.
They also help couples maintain some aspect of privacy and flexibility that can be lost during litigation.
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