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Creating a North Carolina separation agreement can be an efficient way to reach a separation agreement without having to go through the court process. However, it is important to note that a separation agreement is not the same as a divorce, and it does not legally end a marriage. couples who have a separation agreement may still get divorced in the future if they wish to do so.

If you are considering creating a North Carolina separation agreement, it is important to consult with an experienced family law attorney to ensure that the agreement is valid and enforceable. An attorney can also help you understand your rights and obligations under the agreement, and can help you negotiate a fair and equitable agreement with your spouse.

How to Fill Out a Separation Agreement

Step 1 – Who will the agreement be signed by?

The first section of the agreement will ask for the full legal names and addresses of both parties. The date of marriage and separation should also be provided. If there are any children from the marriage, their names, birthdates, and Social Security numbers will need to be entered next.

Step 2 – How will the property be divided?

The next section will deal with the division of property. This can include the family home, vehicles, furniture, personal belongings, and any other assets that you and your spouse own together. Each asset should be listed separately, and you will need to decide who will keep each asset.

Step 3 – How will debts be divided?

The next section will deal with the division of debts. This can include the mortgage, credit card bills, student loans, and any other debts that you and your spouse owe together. Each debt should be listed separately, and you will need to decide who will be responsible for paying each debt.

Step 4 – How will custody and visitation be arranged?

The next section will deal with custody and visitation. If you have children together, you will need to decide who will have primary custody of them. You will also need to decide what the visitation schedule will be.

Step 5 – How will child support be paid?

The next section will deal with child support. If you have children together, you will need to decide who will pay for their expenses, how much child support will be paid, and how often it will be paid.

Step 6 – How will alimony be paid?

The next section will deal with alimony. If one spouse earns significantly more money than the other, the higher-earning spouse may be required to pay alimony to the lower-earning spouse. You will need to decide how much alimony will be paid, and how often it will be paid.

Step 7 – How will taxes be filed?

The next section will deal with taxes. You will need to decide who will claim the children as dependents, and how you will file your taxes if you own property together.

Step 8 – How will insurance be maintained?

The next section will deal with insurance. You will need to decide who will keep the family health insurance policy, and how you will pay for health insurance if you are covered by your spouse’s policy.

Step 9 – What other issues need to be addressed?

The next section will deal with any other issues that you and your spouse need to address. This can include who will pay the bills, how the pets will be cared for, and how decisions will be made about the children.

Step 10 – When will the agreement be effective?

The final section of the agreement will ask for the effective date of the agreement. This is the date that the agreement will become binding on both parties.

Once you have completed the agreement, both parties will need to sign and date it. The agreement should then be notarized by a notary public. Once the agreement is signed and notarized, it will be legally binding on both parties.

What Should Be Included in a Separation Agreement?

A separation agreement should address all of the issues that are important to you and your spouse. Some of the issues that you may want to include in your agreement are:

  • Property division: How will you divide your property between you? This can include deciding who will keep the family home, who will pay the mortgage, and how other assets will be divided.
  • Custody and visitation: If you have children together, how will you share custody of them? What kind of visitation schedule will you have?
  • Child support: If you have children together, how will you financially support them? This can include deciding who will pay for child care, how much child support will be paid, and how often it will be paid.
  • Alimony: If one spouse earns significantly more money than the other, the higher-earning spouse may be required to pay alimony to the lower-earning spouse. Alimony can be temporary or permanent, and can be paid in a lump sum or in periodic payments.
  • Debts: How will you divide your debts between you? This can include deciding who will pay the mortgage, credit card bills, and other debts.
  • Taxes: How will you file your taxes after you are separated? This can include deciding who will claim the children as dependents, and how you will file your taxes if you own property together.
  • Insurance: How will you maintain health insurance coverage for yourself and your family? This can include deciding who will keep the family health insurance policy, and how you will pay for health insurance if you are covered by your spouse’s policy.

Once you have decided what issues you want to address in your agreement, you and your spouse can start working on drafting the agreement. It is important to have an attorney review your agreement to make sure that it is valid and enforceable. An attorney can also help you negotiate with your spouse to reach an agreement that is fair to both of you.

4 Situations Where You Need a Separation Agreement

  1. When You Want to Avoid Divorce

If you and your spouse are separated but not ready to divorce, a separation agreement can help you formalize the terms of your separation. This can be a useful tool if you want to take some time apart to figure out if divorce is the right decision for you, or if you need time to resolve financial or other issues before getting divorced.

  1. When You Have Children Together

If you and your spouse have children together, a separation agreement can help you establish a parenting plan that outlines how you will share custody of your children and make decisions about their care. A separation agreement can also address child support issues, and can help ensure that both parents are financially responsible for their children.

  1. When You Own Property Together

If you and your spouse own property together, a separation agreement can help you determine how to divide the property between you. This can be important if you want to keep the family home or if you have other assets that you need to divide between you.

  1. When You Have Financial Issues

If you and your spouse have financial issues, a separation agreement can help you resolve those issues. This can be important if you need to figure out how to divide your debts and assets, or if you need to set up a spousal support arrangement.

Specifics of Legal Separation in North Carolina

In the state of North Carolina, legal separation is not recognized as a lawful marital status, but the state offers an alternative to it. It is called Divorce from Bed and Board.

A divorce from bed and board is a partial or limited divorce. It does not end the marriage but allows the couple to live apart.

The grounds for a divorce from bed and board in North Carolina are:

1) Cruel or inhuman treatment – this includes physical, mental, or emotional abuse that puts the spouse in danger of bodily harm or seriously jeopardizes the health and well-being of the spouse.

2) Incurable insanity – this must be proven by a medical doctor that the spouse has been incurably insane for at least three years and it is unlikely they will ever get better.

3) Abandonment – this occurs when one spouse leaves the home without the intention of returning for at least one year.

4) Malicious Turning Out-of-Doors – this occurs when one spouse forces the other to leave the home without just cause.

5) Indignities – this is a general term that includes any type of behavior that makes living together intolerable. Some examples include: public humiliation, incessant nagging, and excessive use of alcohol or drugs.

6) Non-Support – this occurs when one spouse fails to provide financial support for the other spouse when they are able to do so.

Once a divorce from bed and board is granted, the couple is still married but are allowed to live apart and have their own financial lives. The divorce does not resolve issues such as child custody, child support, alimony, or property division. Those issues can be addressed in a separate agreement or through the courts.

To get an absolute divorce in North Carolina, spouces should file a complaint alleging that they have lived apart for at least one year and there is no chance of reconciliation.