What is a legal separation agreement?

A legal separation agreement is a document agreed to by a married couple that allow them to live separately while still maintaining their legal status as a married couple. In North Carolina, a legal separation agreement is often part of the process of getting a divorce. A legal separation agreement outlines the terms of the separation, covering topics such as child custody and support, spousal support, division of property and debts and any other issues that need to be addressed. It is important to note that once a couple agrees to a legal separation agreement, it is legally binding. The main difference between a legal separation agreement and a divorce is that couples who separate legally remain married. This means that neither spouse can remarry without first obtaining a divorce. In addition, spouses remain legally responsible for each other’s actions, such as debt, even if they are legally separated. A legal separation agreement allows couples to have time away from the pressures of marriage in order to decide if they want to stay married, or go through with a divorce. In North Carolina, a legal separation agreement must be approved by a family court for it to be finalized.

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