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Not all cases need to be litigated; many cases may be settled with a private contract called a Separation Agreement and Property Settlement.
Verified for legal integrity by John McKnight, J.D. | Last updated February 18, 2026
You’ve realized that your marriage is ending. Because you live in North Carolina, you have to be separated from your spouse for one year and one day to get an absolute divorce. However, you can use that time to plan for your life after divorce by creating a Separation Agreement. A separation agreement is a contract between spouses where in the parties agreed to live separate and apart, and to provide for the settlement of issues arising out of the marriage. A separation agreement must be executed while the parties are separated, or when they plan to separate shortly after signing. Stegall v. Stegall, 1990.
Your spouse will likely hire an attorney before negotiating an agreement. You can stay on a level playing field by retaining one of our attorneys here at McKnight Law to assist you in negotiating this important document. We will negotiate on your behalf and draft the Separation Agreement reflecting a negotiated settlement.
McKnight Law attorneys can help you settle all the issues related to divorce. Your separation agreement can cover:
Once signed, the agreement will be valid and enforceable. You will never be forced to sign any document with which you don’t agree, and invoking the jurisdiction of the court may become necessary if negotiations fail.
Sometimes, there’s one additional step that can be attempted before resorting to litigation. If you cannot come to an agreement with the other party, you can choose to participate in mediation. A third-party mediator will attempt to negotiate with you and the other party. Since the mediator cannot give legal advice, it’s recommended that you bring one of our lawyers with you. We can advise you on legal considerations before you make a decision.
Mediation is not legally binding until an agreement is reached, so you won’t be forced to sign anything you don’t wish to. However, if you settle the case, we can draft the separation agreement and once signed, you and the other party will be legally bound by it while you’re separated and after you’re divorced.
John McKnight, our owner and founding partner, has been litigating in North Carolina District and Superior Courts since graduating from the Wake Forest university school of law in 2004. John has been inducted into the North Carolina Pro Bono Honor Society for his contributions to the people of the state, and he has personally trained the other lawyers here at McKnight Law, each of whom has many years of litigation experience. We are all members of both the Wake County Bar Association and the North Carolina Bar Association. Our attorneys are routinely recognized by Super Lawyers and Best Lawyers in America, and we have been selected by Best Law Firms in America as elite family law practitioners. All our lawyers are active in the community and contributing members to the field of law in North Carolina.
John took the time to listen and understand my situation. His advice was always spot on. I’d gone to one of the big firms first and felt like a number. John always made me feel like his only client. Highly recommend!
— Marni R.
