What paperwork is required to file for separation in North Carolina?

To file for separation in NC, you do not need formal paperwork. All that is required is for the husband and wife to live in separate residences for one year. The separate residence requirement is not satisfied by the spouses living in different rooms in the same house. Even though a divorcing couple may be poor or not able to live in separate dwellings for whatever reason, the North Carolina court will not recognize the separation and grant the divorce without that requirement being met. This requirement is even necessary for shorter marriages so you will not likely be able to get around it due to financial issues.

However, even though paperwork is not required to file for separation in North Carolina it is smart to file a separation agreement, a Separation Agreement and Property Settlement (SAPS) or a court order to sort out property, child custody arrangements, spousal support and so forth. The reason for this is because a party will be more likely to get what (s)he wants or expects in a divorce proceeding if there is documentation backing up a particular spousal support amount, child custody/visitation arrangements, the division of debt, etc.

A SAPS document is more detailed than a separation agreement and may be more beneficial if the parties are not able to be civil to one another or discuss intricate details as adults.

Before getting a separation, it is very important to consult with a licensed and experienced North Carolina divorce attorney.