Married couples may reach a stage in their relationship when they no longer want to live together. In North Carolina, a couple that wishes to divorce must be physically separated at least a year before they may petition for an absolute divorce in the state. But in other situations, a couple may opt to pursue legal separation as an alternative to divorce. They might do so for financial reasons or because they follow a religious faith that prohibits divorce. In any case, a legal separation agreement can be beneficial in recording periods, terms, and rights.
But what exactly is a separation agreement, and do you need a lawyer to prepare one?
Legal Separation Agreement
A separation agreement is a legal document that spells out the specifics of a divorce or separation. A properly written separation agreement is a legally binding document that can address a wide range of divorce-related issues, including child custody, child support, alimony, and property division. A legal separation agreement puts everything in writing because verbal contracts between individuals are not enforceable. If an amicable separation deteriorates into a bitter one, having the original terms in an enforceable contract may be very helpful.
Is a Legal Separation Attorney Required to Draft the Separation Agreement?
It is not required. Individuals can easily find a DIY separation agreement online. However, there are reasons why hiring a legal separation attorney is likely beneficial.
Separation agreements are legal documents that should be tailored to the parties’ unique circumstances. It is always advisable to obtain legal advice unless you are thoroughly familiar with the rights you are entitled to and understand all consequences spelled out in the agreement. So, the online DIY separation agreements may best be used only as a starting template and not the final draft. Otherwise, the parties may risk making errors that may render the agreement unenforceable.
What Can a Legal Separation Attorney Do to Help You?
A legal separation attorney can guide you through what is covered in the separation agreement and work to safeguard your interests. They can also explain the legal issues involved in separation and divorce in North Carolina. An attorney’s assistance is especially recommended in circumstances when the parties have vastly opposed viewpoints, or one individual feels challenged advocating for themselves when dealing with their spouse.
Experienced Legal Separation Attorney in North Carolina
If you have any concerns regarding what separation agreements can and cannot do, whether you need one at all, call the experienced attorneys at GPS Law Group. We can assist you in preparing or evaluating your separation agreement to ensure that it satisfies your requirements. Please call us at 704-549-1950. GPS Law Group proudly serves Charlotte, North Carolina, and the surrounding communities.