Updated August 07, 2023
A North Carolina separation agreement establishes rules regarding alimony, division of marital property, and other matters. While these issues are often associated with obtaining a divorce, North Carolina, like many states, allows couples who no longer wish to live together but are, for whatever reason, not ready to seek a divorce to find similar legal certainty.
Matters related to child support and custody can also be included but can later be changed if a judge finds they are not in the child’s best interest.
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
Related Forms
Download: PDF, MS Word, OpenDocument
Download: PDF, MS Word, OpenDocument