There is no legal separation in North Carolina, and if you are filing for bankruptcy jointly there will be no adverse affect on your separation.
Separation Agreements in North Carolina are valid, binding contracts so long as they are signed by each party before a Notary Public. It need not be recorded with the register of deeds, however you may want to have a shorter version of the agreement (a redacted version called a Memorandum of Separation) recorded if either of you plans to purchase real property prior to obtaining a divorce.
Erin E. Clarey
Attorney with Rosen Law Firm
Ballantyne • Cary • Chapel Hill • Charlotte • Durham • Raleigh • Matthews • PinevilleRosen Online
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