Separation is the path many couples take before deciding on divorce. Many times this is just a cooling off period and the couples reunite. Other times, separation is sought to protect rights while in the divorce process. If the future of your marriage is uncertain, it is important to discuss a separation with an attorney.
If you know your marriage is going to end in divorce, you must be separated first. In North Carolina a divorce can be obtained one year and one day after the date of separation. The date of separation is determined by the date a husband and wife start living separately.
Separation agreements are not valid in North Carolina unless both parties have their signature notarized. It is important to not try and draft something as complex as a separation agreement yourself. When it comes to protecting your rights and assets, you need a professional.
Just like in a divorce, during a separation it is important to protect the rights of both parties and preserve harmony. Separation agreements are important when children are involved by ensuring that all the family members’ needs are met.
By hiring me, Sidney P Jessup Attorney at Law, you can make sure that the separation agreement covers all the details and complies with the law. The terms of each agreement will vary, but the following areas are should be included:
• Child custody
• Visitation of the children
• Child support
• Children’s expenses
• Spousal support
• Debt division
If the parties decide to go through with a divorce, separation agreements can be incorporated into the divorce agreement, if both parties still agree to the terms. This can make the divorce process go smoothly and with less conflict.
If you find yourself ready to separate from your spouse and live in Kill Devil Hills, NC, learn more about how a separation agreement can protect you while you decide the future of your marriage.