Separation formally begins on the date that a couple begins to live separate and apart.  To be considered legally separated in North Carolina, couples cannot live together.

Although a formal agreement is not required to be considered legally separated in Raleigh, professionally-crafted separation agreements or contracts can define important rights and obligations between spouses as they live separately.  Separation is defined in North Carolina when both parties in a marriage are living separately in different homes, and that at least one spouse intends for this to be permanent.

In many cases, couples wishing to make their own decisions relative to their separation will negotiate a Separation Agreement to define specific obligations, obtain additional legal rights during the separation period, or to resolve additional claims against one another. These agreements are negotiated by attorneys in concert with their clients.  Once drafted and signed by both parties, Separation Agreements are put into force.

About Separation Agreements

Separation Agreements define the rights and obligations of both parties during a separation.  This document can be negotiated either before or during an active separation, and can establish child custody, visitation, and spousal support obligations, and also formally divide marital property and marital debt.   However, the couple is still considered to be married and additional action must be taken to move to a formal dissolution of the marriage.

A unique aspect in North Carolina relative to separation agreements is that as contracts, they do not have to be formally filed with the court or the Register of Deeds to be enforceable.  This allows both parties to keep details of the agreement confidential.