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And because a Separation Agreement and Property Settlement is a legally binding contract once it is signed by both spouses and notarized, it is important to consult with an attorney to fully understand your rights under NC statutes and separation laws before entering into any such contract.Qualifying for Separation in NC Each state’s separation laws work differently and North Carolina is no exception.Our Cary divorce lawyers at Montgomery Family Law have over 35 years' experience in family law and have tried hundreds of cases on all issues involved in family law, including legal separation in North Carolina.
You do not need a separation agreement, nor do you have to file any papers or documents to be separated in North Carolina.
Having a separation agreement alone does not create a legal separation.
In some cases a married couple can handle their settlement negotiations between themselves and need an attorney only at the beginning to fully understand their rights and at the tail-end to properly draft their Separation Agreement and Property Settlement.
This is true where the couple is like-minded and their relationship remains open, amicable and even-handed.
To qualify for an absolute divorce in North Carolina, you must be legally separated for at least one year and a day.
Legal separation occurs, for the purposes of eligibility for divorce, on the date when one or both spouses move into a separate residence with the intent of living apart permanently.In North Carolina, you cannot live in the same residence and be legally separated.A couple that “separates” but remains in the same home with divided living areas takes a substantial risk that the presiding judge will not accept this separation as a legally valid separation for the purposes of granting a divorce; therefore, such “separate” living arrangements are not advised.Separating couples should follow the general rule that a separation for purposes of eligibility for divorce requires that each party reside under a separate roof, at separate locations.Living Together While Separated In some rare cases, couples can be separated while living in the same home if the residence has essentially been divided into two independent, unconnected living units. It requires that the spouses each live in a separate part of the home that is completely cut off from the other and that there is no overlap or common area.An oral agreement between spouses cannot be enforced in court, so getting a separation agreement in a notarized writing is strongly suggested.Tags: Adult Dating, affair dating, sex dating