In North Carolina, married couples can opt for a legal separation instead of a divorce. A separation agreement can be entered into at any time prior to getting a divorce. There is no need to separate for one year to enter a separation agreement. Most separation agreements divide assets, and deal with alimony, custody, and child support. You can get a divorce after signing a separation agreement as long as you have been separated for one year. A key difference between a legal separation and divorce is that it does not “end” the marriage in quite the same way. You cannot get re-married to another person if you have been legally separated instead of divorced. If you have specific questions about legal separation versus divorce, our North Carolina family lawyer can help.