Separation Agreements
Proven Family Lawyers in Winston-Salem
Guiding Clients Through
Separation with Compassion
Working out a separation agreement gives you
and the other party the time and power to make all the
critical decisions before the day of your divorce.
Contact our Family Law Attorneys to protect
your family’s future, today.
What Is Legal Separation?
To obtain a legal separation in North Carolina, a couple must live separate and apart for one year and a day. At least one of the parties also needs to have the intent of permanently separating from the other. It’s important to note that the couple must live physically apart in separate residences. So, simply sleeping in separate bedrooms will not constitute a legal separation.
A separation agreement is not necessary for a legal separation. However, there are a number of benefits to having this written contract in place.
Now with a dedicated Family Law Office in Winston-Salem, NC.
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What Is a Separation Agreement?
When a couple decides to end their marriage, there are many issues that must be resolved. Â One way that a couple who wishes to file for divorce may address these issues is through a separation agreement. This is a contract between a husband and wife and is used to resolve issues involved with the breakdown of a couple’s marriage without going to trial.
Separation agreements may resolve questions likely to arise such as:
Separation Agreements: An Overview
A family law attorney addresses some more detailed questions about legal separation in North Carolina.
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Should you handle child custody in a separation agreement?
You can handle child custody in a separation agreement, but we don’t generally recommend it. A court order is a stronger document. And, should a dispute arise about custody, without a court order, your only recourse is to sue under breach of contract. Whereas, with court-ordered custody, you can seek contempt powers of the court. There is nothing more important than children and their stability, so you want the strongest document possible, which is a court order.
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Can you date while separated?
It is absolutely fine to date while separated. The only issue that may arise is if there were some infidelity in the marriage that the other party could connect to the current partner. Otherwise, it is perfectly appropriate to date once separated from your spouse.
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Do you need an attorney for a separation agreement?
It is very important to have an attorney draw up your separation agreement instead of trying to do it yourself. Ours tend to run in the neighborhood of ten pages, to give you an idea of how complex the language needs to be and how much they cover. If the one you draft yourself isn’t sufficient, it can take months of litigation and thousands of dollars for an attorney to fix it.
A trusted Family Law Attorney details the minimum of what you need to do to be considered legally separated in North Carolina. You simply need your own place. That’s it. However, there are some benefits to staying in a marital home. So, unless the marriage is so bad that you must leave immediately, it may be better, in the long run, to work out a separation agreement to safeguard some of your assets including the home.
If you’d like to discuss a separation agreement or divorce give one of our Family Law Attorneys in Greensboro and Winston-Salem a call today.
A trusted family law attorney makes a distinction between separation and divorce while explaining the two routes you can take to settle any issues like equitable distribution, alimony, child support, and custody.
Separation is what happens first, this is when the two parties begin living under separate roofs. Sometimes property distribution, alimony, custody, and child support can be dealt with through a separation agreement. However, for the agreement to be enforceable, both parties must agree to it. If an agreement cannot be reached, then a lawsuit must be filed. Litigation is expensive and stressful so a separation agreement is always preferable if possible.
Divorce is actually what happens at the very end and is what says the marriage is officially over.
A separation agreement is a great way to help resolve issues forthcoming in your divorce. In North Carolina, you have to be legally separated from your spouse for a year and a day before you can file for divorce. In that time several issues can be resolved in a separation agreement.
What is a Separation Agreement?
A separation agreement is a contract between you and your spouse and it will require your spouse’s consent and signature. There are several pros and cons to writing up a separation agreement leading up to your divorce.
- Pro: You and your spouse can resolve issues by agreement.
- Con: Not everything can be resolved by a separation agreement. Child custody requires a court order to make it enforceable.
It is highly recommended to hire an attorney to help you with a separation agreement. If something goes wrong with the agreement it can be costly to fix. Contact us at Dummit Fradin if you think you need a separation agreement. Our Family Law Attorneys draft these documents every day and are able to walk you through the process and how it works.
Do I need a separation agreement to get a divorce in NC?
You do not need a separation agreement for a legal separation or to file for divorce in North Carolina. But, it may be a good option for you if you want to minimize court proceedings. So, talk to your Family Lawyer  about how one may benefit your divorce.
Schedule an initial consultation over the phone:
(336) 962-7221
The Benefits of Having a Separation Agreement
Separation agreements can be done in contemplation of a couple’s legal separation or after the parties are living separately and apart. The actual “legal separation” occurs once the couple decides to end their marital relationship and begins living separately. This “date of separation” is the date the court later references for the one-year separation that entitles couples to divorce.
Separation agreements have many advantages. A big advantage is avoiding court and empowering couples to negotiate their own separation terms. This allows them to reach decisions regarding their family, property, and future while remaining enforceable through the court system in case of any breaches. Common enforcement methods include claims for damages or requiring compliance with the agreement’s provisions.
Once a couple has been legally separated for at least one year, they are entitled under N.C.G.S. § 50-6, to a divorce.
“Marriages may be dissolved and the parties thereto divorced from the bonds of matrimony on the application of either party, if and when the husband and wife have lived separate and apart for one year.”
During the divorce process, either party can request that their existing separation agreement be included in the final divorce decree. This merges the agreement with the court order, making it legally enforceable through the court system, similar to other court mandates.
Drafting & Reviewing Your North Carolina Separation Agreement
It is important to have an experienced and competent Family Law Attorney to draft and review your separation agreement to ensure that all of your rights involving your family and property are protected. If you are considering a legal separation or have already separated from your spouse, please contact Dummit Fradin to help you in this process.
Contact our compassionate Family Law Attorneys today about your case.