Pollocksville, NC asked in Divorce for North Carolina

Q: will a legal separation with property settlement hold up in court. it was signed under distress, and was very unfair

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1 Lawyer Answer

Amanda Bowden Houser

Answered
  • Jacksonville, NC
  • Licensed in North Carolina

A: There is no such thing as a legal separation in North Carolina. If you mean a formal written Separation Agreement, as long as it was properly drafted and executed then yes, it will likely be enforceable. Unless you were forced to sign it against your will, it would be very difficult to prove duress in terms of voiding the agreement.

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