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?

Related Topics:
Lawyers: To answer this question, please Log In to your account.
1 Lawyer Answer
Answered
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.