Getting a Legal Separation

When people separate from their spouse, one commonly thinks of separate residences. But living in different locations can create a lot of problems relating to your children, taxes, and paying off debts\loans.

Look out for the best interests of your child and yourself by obtaining a Separation Agreement and Property Settlement (SAPS) or Court Order that details your rights and obligations regarding child support, child custody, property, and debt.

Note: Separation Agreements often act as baseline for keeping established routines when negotiating the child custody, child support, property division, and other issues.

Rice Law looks out for its clients when drafting and reviewing Separation Agreements and Court Orders by consent of the spouses.

Our attorneys are well-versed in all areas of family law as it relates to divorce, child support, child custody, alimony, and legal agreements. Forming a client attorney relationship with us will enable us to provide you legal advice that may prevent costly mistakes that could be made if other sources are used. We can advise you whether you should pursue a Court Order, Separation Agreement and Property Settlement (SAPS) or Separation Contract.

Common Questions

• What is a Separation Agreement?
• Do I need an agreement to be legally separated?

What is a Separation Agreement?

A Separation Agreement (Separation Contract) is a written proclamation that legally confirms husband and wife are living apart and both or just one [of them] intends to remain that way.

A Separation Agreement is a legal contract between husband and wife. Legal Separation Agreements are written, signed by both husband and wife, and are notarized. Written Separation Agreements are not required in North Carolina to be considered legally separated but may be helpful for a number of reasons. Consult an attorney to determine if you need one.

A Separation Agreement and Property Settlement (SAPS) is a legal document that may detail the child support and custody, equitable property distribution, and alimony (typically financial assistance given to the wife). A Separation Contract or a Separation Agreement and Property Settlement (SAPS) may be a precursor to an eventual divorce.

Do I need an agreement to be legally separated?

No. In North Carolina you're legally separated when you first begin to live separate and apart from your spouse without cohabitation.