Do I Need a Written Agreement to Be “Legally Separated” in North Carolina?

If you’re considering separation or divorce in North Carolina, you may be wondering if you need a written agreement to be considered legally separated. The answer to this question is no. However, there are certain requirements that you need to meet to be considered legally separated.

In this blog post, we’ll discuss these requirements and the importance of having a written agreement, even if it’s not required by law. For more help, contact one of the Kernersville divorce lawyers at Apple Payne Law.

What Is Legal Separation?

In North Carolina, legal separation is a process where a married couple lives separately and apart from each other. During this time, the couple intends to remain separate and apart indefinitely.

Legal separation is a prerequisite to filing for divorce in North Carolina, and couples must be separated for at least one year before they can file for divorce.

Do You Need a Written Agreement to Be Legally Separated in North Carolina?

The short answer is no. You do not need a written agreement to be considered legally separated in North Carolina. However, there are certain requirements that you must meet to be considered legally separated.

Separate and Apart

To be considered legally separated in North Carolina, you must be separate and apart from your spouse.

This means that you must be living under a different roof. You cannot be living in the same house, even if you are sleeping in different bedrooms. Living in different spaces is an essential requirement for legal separation in North Carolina.

Intent to Remain Separate and Apart

In addition to living in different spaces, you must also intend to remain separate and apart indefinitely. This means that you have to intend to live apart for the entire separation period of one year. You must also have the intent not to reconcile with your spouse during this time.

Why You Should Get a Written Agreement Anyway

While a written separation agreement is not legally required to be considered legally separated in North Carolina, it’s highly recommended. A written agreement ensures that both parties are on the same page regarding their separation. In the most amicable of divorces, it’s important to put everything in writing to avoid any misunderstandings in the future.

Even if you and your spouse agree to the terms of your separation, a written agreement can protect both parties in case things turn sour in the future. It’s always better to have everything in writing than to rely on verbal agreements that can be easily forgotten or misconstrued.

Consult With an Attorney

If you’re considering legal separation or divorce in North Carolina, consulting with an experienced family law attorney is important. An attorney can help you understand your legal rights and obligations and guide you through the separation process. Even if you don’t think you need a written agreement, it’s always a good idea to consult with an attorney to ensure that you are making the right decisions for your future.

At Apple Payne Law, we understand the emotional and financial stress of separation and divorce. We’re here to help you navigate the process and make informed decisions about your future. If you’re ready to take the next step, call us to schedule a consultation with one of our family law attorneys.