Separation agreements can accomplish a number of purposes and act as proof of the one-year separation requirement to file for divorce.
When a couple determines that living together under one roof in a marriage is no longer desired, the decision is generally made to separate prior to even filing the divorce. Even though you are not living together, there are still issues such as joint debt, child custody and support, and the use of jointly held property, assets, and funds. Without legal separation agreements, one party can become quite injured by the actions of the other. At GPS Law Group, we understand that the end of a marriage is an emotional time and we want to assist you with making sense of the legal aspects so you can come out the other side without undue and undeserved consequences.
Separation agreements can cover a variety of factors, including spousal support before the divorce, who is to cover which debts, who will remain in the Charlotte, North Carolina marital home, issues related to children, such as custody, support, and visitation, division of certain assets, and outlining all monetary obligations. With our legal team acting as your legal representation and supporting you during mediation, if necessary, your best interests, and those of your children, will be kept at the forefront.
Since North Carolina law requires you to be separated for at least a year before you are eligible to file for divorce, it makes sense not to leave yourself in financial limbo or at financial risk for so long, making separation agreements the wisest course of action. It will also serve as proof to the court of the time date you became separated.
If you have any questions about what can and cannot be accomplished by separation agreements or why it is so critical to have one, reach out to us to schedule a consultation.