Separation in North Carolina

Separation in North Carolina

When couples tie the knot, they do not imagine that their marriage will ever come to an end. Unfortunately, almost half of all marriages will result in divorce. In North Carolina, absolute divorce means that you and your partner legally end your marriage. Couples are required to live apart for a year before they may divorce. The separation period is designed to ensure that you are prepared to end your marriage. During this time, many issues arise that you need to know how to handle. It is helpful to understand separation with help from an experienced divorce attorney in Charlotte.

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One-Year Separation Period

North Carolina law requires couples to live separately for a period of one full year before they may proceed with a divorce. Couples do not have to file for a legal separation through the courts. During the divorce, the judge will verify that the spouses have resided in different residences during the past year. However, many issues come up during the separation period that can best be handled with an agreement. Some of these issues include such things as how the bills will be paid and where the children will live, among others.

Separation Agreement

Couples do not need to file anything with the courts when they separate. North Carolina does not technically have legal separation. The law does not specify legal rights of a separated spouse. However, couples may opt to create a separation agreement. A separation agreement is a written agreement between both parties and is a type of contract. It is important to note that without a specific separation agreement in place, both spouses have the same rights and are both entitled to their portion of marital assets.

What to Include in a Separation Agreement

A separation agreement may be as specific as you like. It is helpful to work with an experienced family law attorney who will help make certain that your agreement provides the protections you desire. The agreement may include many of the same settlement terms as a divorce. You may want to specify how bills will be paid during the separation period, where children will reside, how visitation will take place, and payment of child support, among other things.

Benefits of a Separation Agreement

A separation agreement is a way to protect both parties and to ensure that marital property is properly handled before the divorce is completed. It can make the actual divorce process easier and less stressful because it addresses all the major settlement terms. The agreement gives parties a guide for separation, so they will be better able to handle the transitional phase before divorce. It provides both parties with the rules they need to follow to ensure a fair process.

Divorce can be stressful, but a separation agreement may be one way to resolve some of the most difficult areas of settlement. Our legal team is here to assist you through the process and help you determine whether you may want to utilize a separation agreement. To learn more, contact us at Arnold & Smith, PLLC, at (704) 370-2828 to speak to our legal team today.

The family law practice group at Arnold & Smith, PLLC includes four Board-Certified Family Law specialists and one Child Welfare Law specialist, as well as several attorneys with many years of family law experience that are committed to providing a powerful voice to individuals facing the often-tumultuous issues in this area of law. The range of issues our family law clients may be facing include pre- and post-nuptial agreements; separation agreements; post-separation support; child support (both temporary and permanent); absolute divorce; divorce from bed and board; military divorce; equitable distribution of assets; child custody (both temporary and permanent); retirement benefits and divorce; alimony and spousal support; adoption; and emancipation. Because this area of the law is usually emotionally charged and complicated, the family law attorneys at Arnold & Smith, PLLC act with the utmost dedication to ensure that each client understands his or her options, and then act to achieve the best result possible for that client’s particular situation.

Source:

https://www.nccourts.gov/help-topics/divorce-and-marriage/separation-and-divorce

https://www.law.cornell.edu/wex/separation_agreement#:~:text=A%20separation%20agreement%20is%20a,Wex

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