I have a notarized separation agreement everything was settled. We lived in NC for the whole marriage 2.5 years. We have been separated for 18 months. My problem is S.C. doesn’t do separation agrees. So I don’t think I would be able to use it in S.C. which will screw me i gave her everything she wanted. But now she will try to get more if they don’t honor it.
What does your wife moving to SC have to do with anything? Why would you think you would need to use the Separation Agreement in SC? If you are in NC, file here and you'll be fine (all except for the giving her what she wanted part - that was likely incredibly not smart). You likely need to consult with a local attorney as it seems you may have the wrong idea about things. The only way you'd get 'screwed' as you put it, is if you do not live in NC or if you do reside in NC, you foolishly allow her to file for divorce first in SC. Best of luck.
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If you are still a resident of NC you should be able to proceed there. Check with your attorney.
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First, you are confused. I believe what you mean to say is that South Carolina does not recognize "legal separation" as a status. North Carolina does not have "legal separation" either. However, this does not mean that South Carolina does not recognize and enforce separation agreements. It does, and so does North Carolina.
Second, one cannot avoid the terms of a contract simply by crossing state lines. Your wife could move to Timbuktu and your separation agreement would remain valid and enforceable here in the Old North State. Best of luck.
Fred Amos provides legal representation in Wake County , North Carolina. Any answer provided through this discussion board is a general response to the question and NOT intended as legal advice. Responding to this question does not constitute an attorney-client relationship. Always seek the advice of a lawyer directly to address your specific circumstances.
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