If separation papers are signed and notarized, how long do I have to actually file them?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If separation papers are signed and notarized, how long do I have to actually file them?

I understand that a separation cannot start until we are no longer living together, but can I get him to sign the papers now, and if we have to wait a few months until the house sells, will I still be able to file them at a later date. I know when they are signed they would have to be notarized but does that have any impact on when the filing can be done?

Asked on May 25, 2012 under Family Law, North Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you and the other person that you are married to wish to be legally separated but want to hold off filing the paper work with the court for a few months, that is fine. However, the filing of such paper work when it is eventually done will have a legal impact as to you as to any creditors that you may have who could claim that you are responsible for the obligations for your spouse pending the period that the separation papers are not file with the court.

Sooner under the law is always better with respect to the filing of the paper work you have written about. However, the couple month's delay in their filing would not make the papers invalid.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption