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

UPDATED: May 25, 2012

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 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.

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