When a married couple in North Carolina decides to live apart, they may do so through a legal separation. A legal separation is an arrangement in which the couple remains married but lives apart. The couple may remain legally separated indefinitely, or they may eventually file for divorce.
A legal separation may be right for a couple who is not ready to divorce but wants to live apart. It may also be a necessary step for a couple who needs to satisfy a divorce requirement in their state. In North Carolina, a couple must be legally separated for one year before they can file for divorce.
A legal separation is different from an informal separation in which the couple simply decides to live apart. An informal separation does not involve any legal proceedings. On the contrary, if a couple wishes to be considered separated legally, they must show that both individuals have been living separately in different residences. Under North Carolina laws, a couple choosing to live in different rooms but in the same residence won’t legally qualify as separated.
A legal separation can be a difficult and emotional process. The couple must make decisions about child custody, visitation, child support, spousal support, and division of property. These decisions can be challenging to make, and the couple may need to seek help from a legal separation attorney.
If the couple decides to divorce after legal separation, they will need to file a new divorce case. A legal separation can be a good option for a couple who needs time apart but is not ready to divorce. It is also a necessary step in the divorce process. The couple should seek help from a mediator or lawyer to make sure they are making the best decisions for their family.
Separation Agreement
When a couple decides to separate, they may choose to draft a separation agreement. This document is not required by law but can be a good idea for some couples. A separation agreement is a contract between the separating spouses that outlines their rights and responsibilities during the separation. This can be a helpful tool to prevent misunderstandings and disagreements during the separation.
A legal separation attorney in North Carolina can help you draft a separation agreement tailored to your unique situation. They can help you understand the various issues that need to be addressed in the agreement, such as child custody and visitation, child support, spousal support, division of property, and debt allocation. A legal separation attorney can also help you negotiate with your spouse to reach an agreement that is fair and acceptable to both parties.
If the agreement has been drafted by your spouse’s legal separation attorney, it is important to get it reviewed by your attorney to ensure that it is legally binding. If there are any questions about the agreement, a legal separation attorney can help you understand the implications of signing it. Once the agreement is finalized, both parties should sign it and keep a copy for their records.
The Legal Help You Need
When it comes to separation agreements, GPS Law Group is the best in Charlotte and the surrounding North Carolina communities. Our team of experienced attorneys will work with you to ensure that your agreement is fair and equitable and that your rights are protected. We understand the stress and emotion that can come with a separation and will work diligently to make the process as smooth and stress-free as possible.
If you are considering a separation, or have already begun the process, contact GPS Law Group today. We will review your situation and help you determine the best course of action. Call us at (704) 549-1950 or use our online contact form to send a message to schedule a consultation, and let us help you take the first steps towards a new beginning.