Separation Agreements in North Carolina

Written by: Kaitlin Romanelli Myers, Esq.

If you are considering a separation and divorce, you may be wondering, “do I need a separation agreement?” or “what is a separation agreement?”

A separation agreement is a contract between you and your spouse that can settle various aspects of your divorce privately and out of the court system. Separation agreements are not mandatory but can be useful in managing and navigating your separation and subsequent divorce.

North Carolina requires spouses to be separated for at least one year before they are eligible for a divorce. Separation agreements can settle issues such as child custody, child support, division of real estate and personal property, division of debts, and spousal support claims.

A separation agreement must be signed by both spouses to be enforceable under the laws of North Carolina.

A skilled attorney can ensure that your rights are protected when drafting and helping you execute a separation agreement.

It is important to know that you cannot force your spouse to sign a separation agreement. Separation agreements are created by mutual agreement, meaning that it only includes what you and your spouse both agree upon. Separation agreements can deal with every issue, or just a few issues that you do agree upon.

If you are able to execute a separation agreement, it can later be incorporated into your divorce decree and avoid your having to litigation any issues.

The family law attorneys at Hall, Booth, Smith, P.C. are here to help you through the separation and divorce process. If you have questions about separation, divorce, or separation agreements, you should consult with an attorney to discuss the specific facts and what to expect in negotiating or litigating custody. If you have a custody matter in Asheville or the surrounding areas, you can call 828-232-4481.