Is a Separation Agreement Legal in North Carolina?
Yes, couples are authorized to create binding separation agreements so long as the agreements do not violate the state’s public policy. Separation agreements are not required to be filed with the court.
Source: § 52-10.1
Legal Separation Requirements
- Filing Fee: $150 (General Civil in District Court)
- Residency: At least one spouse must be a resident and must have resided in the state for at least six months before filing (divorce requirement)
- Where to File: With the district court covering the area where either spouse resides
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