Divorce Counsel: The legal process of separation
If you’re considering a divorce in the state of North Carolina, getting a separation agreement can help resolve many of the legal issues experienced at the end of a marriage and are often included as a part of the final divorce order.
You can file for divorce without a separation agreement; however this can only be done through a testimony in court under oath. Based on these legal prerequisites for divorce, we often advise you to obtain a separation agreement in the event you are certain you want a divorce.
Filing for a divorce in this state also means that either you or your spouse is a resident of the state for at least 6 months prior to the divorce case being filed. North Carolina is a state that only allows for “no-fault divorces”. This means that in order to be eligible for a “absolute divorce”, you need to be separated for at least one year and a day.
While you do not legally require a separation agreement to be separated, you do require an attorney to create a separation agreement. This written, and not verbal agreement must be notarized by a lawyer and signed by both parties to be valid.
Our team at the Law Office of Janice V. Coulter has over 35 years of experience in family law and is ready to assist you during this sensitive transition in your life. There are many considerations to make during this period, and we’re here to provide counsel for your next steps.