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How can I get legally separated in North Carolina? A separation agreement or other written document is not required to be legally separated in North Carolina. To be considered separated from your spouse, you need to be living in different homes, and at least one of you needs to intend that the separation be permanent.
Separation does not always mean courts and judges?in fact North Carolina makes it very easy to make an agreement on all of these matters. Simply having a drafted document, notarized and signed may resolve these issues. A separation agreement can be effective especially when you have children and property involved.
How to Prove You Are Separated in North Carolina A rental agreement, lease or mortgage on separate residences in each spouse's name. ... Utility bills (for electricity, water, sewer and trash) for each separate residence. ... Cable, satellite TV and internet account statements. ... Bank statements.
Separation agreements must be in writing (not verbal), must be signed by both parties, and both signatures must be notarized. Can a separation agreement include decisions about child custody and child support? Yes, you can include provisions about child custody and child support in a separation agreement.
One spouse or the other must have resided in North Carolina for at least six months and the parties must have been separated for at least one year with the separation intended to be permanent. When those two requirements have been met, either party may file for an absolute divorce.