A Separation Agreement is often the easiest and most civil way to resolve outstanding issues before divorce. The benefit of a Separation Agreement is that it can usually address all outstanding issues without ever having to appear in front of Judge. This keeps attorney costs to a minimum and often tempers the anger and hostility often present in a divorce.
A Separation Agreement is normally the way to become "legally separated." That being said a Separation Agreement does require agreement. If your spouse refuses to sign a separation agreement there will not be a separation agreement. Not even a Judge can Order your spouse to sign a separation agreement- an agreement requires the parties to agree. Luckily one does not need to be legally separated to file for divorce.
The attorneys at Witt Law Firm, P.A. can draft or review an agreement to make sure that all your concerns are addressed. Remember that a Separation Agreement is a binding legal contract, so make sure you have your own attorney review any such agreement before signing. Although a Separation Agreement is not required for divorce in NC, it can neatly resolve any outstanding issues. Other considerations include whether to file a Separation Agreement with the Register of Deeds or to have a Separation Agreement integrated into the divorce decree.