Charlotte Separation Agreement Attorney

Understanding Separation & Divorce in North Carolina

North Carolina law allows married persons to enter into a contractual agreement to resolve all of the rights which arise out of marriage. This contract is often referred to as a Separation Agreement.

To be valid in North Carolina:

  • The agreement must be acknowledged in writing
  • The Separation Agreement must not be inconsistent with public policy
  • The agreement must be signed by both spouses before an authorized notary public;
  • The agreement must be executed after the parties have physically separated from one other or must be executed in anticipation of immediate separation.

The primary purpose of a Separation Agreement is to set forth the parties’ intent to live separate and apart thereafter and to document any agreement reached on the marital rights created as a result of marriage, which include settlement of marital property (also known as equitable distribution), spousal support and alimony, child custody, and child support.

For help creating a separation agreement that protects your best interests, call the Charlotte divorce attorneys of Miller Bowles Cushing at (704) 810-1400.


Because a Separation Agreement may not include terms inconsistent with public policy, spouses may not agree and a Separation Agreement may not include, for example, a waiver of child support when a child or children are clearly in need of financial support from one parent.

Many people seek a Separation Agreement as a time-saving and cost-effective method to resolve all of the rights arising out of marriage in lieu of filing a lawsuit and pursuing a judicial determination of each issue, which can often take months or longer and be an expensive endeavor.

While a Separation Agreement can save substantial time and expense as compared to litigation, it is a mutually-entered contract which requires agreement by both parties, one of the elements that differs from divorce. No one can force the other party to execute a Separation Agreement, so even with the best intentions, one spouse may obstinately refuse to reach a settlement of all marital issues.


A Separation Agreement is an enforceable contract; however, its enforcement mechanisms differ from a court decision and court order. The most common recourse if your spouse violates the Separation Agreement is to file a lawsuit for breach of contract and request the court order he or she to specifically perform as provided in the Separation Agreement. In many cases, this court process can take months, if not a year or more before resolution, making all the more important to have an attorney assist you.


The separation agreement attorneys at Miller Bowles can help you determine whether a separation agreement is necessary in your case, and if one is, can draft and negotiate the terms of the agreement. We have a notary public on staff who is available to certify your signature on the agreement.

To schedule a confidential consultation with a divorce attorney in Charlotte about further Separation Agreement, please contact us here at Miller Bowles Cushing. Call us at (704) 810-1400.


  • Miller Bowles Cushing PLLC Wonderful experience overall and would recommend them highly to anyone I know.
  • Miller Bowles Cushing PLLC I have had several issues resolved using Miller Bowles Firm and have been very pleased with their professionalism and thoroughness in helping me to understand my options.
  • Miller Bowles Cushing PLLC The ethics, personal client attention, and diligent client representation are well known within the local legal community.
  • Miller Bowles Cushing PLLC I've known Ms. Stephanie Ross for many years and can't think of a harder working, dedicated attorney.
  • Miller Bowles Cushing PLLC Kate Miller was a wealth of knowledge, professionalism, and sympathy during my separation and divorce.
  • Miller Bowles Cushing PLLC Chris Miller was very easy to work and he made what could have been a stressful endeavor very comfortable and seamless for me.
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