Asked in Divorce for North Carolina

Q: Does a separation agreement have to be filed with the courts?

If I have asked my husband to move out do i have to go to a Lawyer to have a separation agreement drafted and filed? Or can we just write up something with the date he left?

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1 Lawyer Answer
  • Jacksonville, NC
  • Licensed in North Carolina

A: Separation Agreements are a great way to establish your separation date and resolve all marital issues except for the divorce. They are not required to be filed however, if you want it to be done properly and be enforceable you should have an attorney do it. The good news is they are fairly inexpensive. Our firm can draft a fully comprehensive separation agreement for a flat rate fee of $250 if you are interested just call us at (910) 333-9679 and set up an appointment. The keyword to remember is that it is an 'agreement' if you and your spouse can not agree - there is no point in doing a separation agreement.

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