While separation agreements are not required for a divorce in North Carolina, they are immensely helpful in defining what is expected of each spouse, and what their rights and responsibilities are. They are beneficial in a number of other ways as well.
Cost savings is a big factor in having a separation agreement. It is faster and less expensive to work out the issues of separation privately than to have lawyers litigating them in court and having a judge make the decisions.
Control and privacy are two more positive benefits of working out your own terms of separation. First, you know the situation – including your children, if you have them – far better than a judge. Through a separation agreement, you can determine and control your own unique circumstances to your advantage. Second, separation agreements are civil contracts and do not have to be approved by a judge or filed with the court. This keeps your negotiations and agreements out of the public record and private.