In North Carolina, it is necessary for both spouses to have resided separately and apart for a minimum of one year in order for a divorce to be granted. The parties are considered to be "separated" once they both reside in two different residences and at least one of them has no intention of resuming joint living arrangements. A separation agreement is not required by the law; however, it may be helpful in family law matters.
What is a separation agreement? A separation agreement is a legally binding agreement between the parties. It is drafted with the help of an attorney. A separation agreement can help plan the distribution of assets, debts, assets, property, custody of children, and support after separation. A separation agreement differs from a court order in that it can be included in the divorce order once the requirements for this have been determined.
Although a separation is not mandatory and does not influence a couple's ability to obtain a divorce, it is useful in cases when couples aspire to resolve potential crucial issues that could arise in the midst of a legal separation and in the process of a divorce. In essence, a separation agreement is a legal contract that settles the details of several aspects of a divorce, such as child custody, alimony payments, and property division. This option is ideal for parties who wish to avoid litigation. Since oral agreements are not enforced by a court, acquiring a separation agreement is strongly recommended.
Why do I need an attorney?
When the relationship between you and your spouse is amicable and open, you may only need help from a divorce lawyer before and during the process of negotiating a separation or moving out of your home. A divorce lawyer will help you understand your rights and the protections you are entitled to.
In most cases, however, you may need help from an attorney to settle negotiations based on your own personal preferences and interests. A divorce attorney is often recommended in cases where you and your spouse have diametrically opposed views on the details of your divorce, one of you feels disadvantaged in negotiating with your spouse alone, or you have an ill-tempered relationship.
Experienced North Carolina Family Law Attorneys
If you are divorcing or considering divorcing your spouse, it is recommended that you seek the assistance of an experienced lawyer who is knowledgeable in the intricate nature of family law in North Carolina. A lawyer can help you craft a separation agreement or simply make sure that your grievances are taken into account in the context of a divorce proceeding. Reach out to the attorneys at Webster & Back Law for a consultation today.