States like North Carolina require couples to complete a legal separation period before filing for divorce. And, similar to a divorce, legal separation can also have a binding contract that protects you, your spouse, and your children. Here's what you need to do if you want to file a legal separation agreement.

How to Become Legally Separated

1. Draft Separation Papers

In North Carolina, living in separate homes is enough to make a couple legally separated. However, this arrangement alone doesn't afford both spouses protection. It's best to draft a separation agreement to cover legal aspects, including child and spousal support, child custody, and property distribution. Whether you choose to write the agreement alone or as a couple, consider hiring a family law attorney to ensure your document is fair and valid.

2. Serve Separation Papers

If couples do not file a joint legal separation agreement or petition, one spouse can serve the other with the papers. The other party will then be given a set amount of time to respond. The filing process will be more straightforward if spouses agree on all the terms in the agreement.

3. Wait For a Response

Your spouse will either agree or disagree with the petition. If the other party disagrees with the provisions, you can file a counter-petition. You and your spouse can then get a mediator and try to reach an agreement. If this fails, you and your spouse need to appear before a judge to resolve the issues.

4. Sign & Notarize

Once both parties agree on all terms in the legal separation, they must sign and file the papers with the court's office of the county clerk. Remember to have the separation agreement notarized so it can be legally valid and enforceable. The court clerk will then submit the papers to the court records, and a judge will later review and sign it. Don't forget to keep a copy of the agreement and follow all terms laid out in the document.

Going through a legal separation or divorce can be difficult. Trust the Fulcher Law Firm in Albemarle, NC, to be there to ensure you have the compassionate and skillful representation you deserve. For over 18 years, the top-notch law firm has been helping Stanly and Montgomery counties residents with legal separation and divorce, domestic violence law, family law, criminal law, traffic violations, and other legal concerns. Call them today at (704) 984-6060 to schedule a consultation, or visit their website to know more about their practice areas.