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Your truthful testimony to the court, under oath, can prove your separation. You can also present other witnesses or documents. A separation agreement between you and your spouse can be helpful to show the court.

If you and your spouse are living apart from each other with the intent not to resume the marriage, you are "legally separated." In North Carolina, you do not need anything in writing to be legally separated. You only need to live apart from each other.

Hire an attorney who specializes in domestic practice to prepare the separation agreement for you. It is always best to have two attorneys, one to advise each spouse as to what is in their best interests.

Once the separation agreement is signed by both parties and notarized, it becomes a binding contract that can be enforced in court. If the agreement is entered into a consent order as part of your divorce, a court can use its contempt powers to enforce the agreement's terms.

In this document they resolve such matters as property division, debts, custody and support. No law requires a separating couple to execute a separation agreement; however it is a wise idea if there are debts, children, support claims or property involved and the parties want to settle these matters in writing.

Separation agreements must be in writing (not verbal), must be signed by both parties, and both signatures must be notarized. Can a separation agreement include decisions about child custody and child support? Yes, you can include provisions about child custody and child support in a separation agreement.