There Is No Substitute for Experience Put us in your corner

What You Need To Know About North Carolina’s Separation Law

Ferguson Hayes Hawkins, PLLC Jan. 25, 2017

If you find that you want a divorce, you should be aware that North Carolina requires a one year separation period before a divorce can be granted. This law was enacted as a way to provide people with extra time to think over their decision to divorce. Under the law, a separation occurs when each spouse lives in a different location for this period of time. In addition, one, or both spouses, must believe that this separation is permanent.

Are There Legal Documents Required For A Separation?

There are not any specific legal forms or requirements that need to be prepared for a legal separation to take place. However, many couples seek out a NC separation attorney, such as Concord lawyer Jim Demay, and have a separation contract or agreement prepared. This document sets up guidelines for the couple during their separation and may help with the divorce proceedings.

What Is Included In A Separation Agreement?

When you work with your family attorney to develop a separation agreement, your attorney will address issues such as child support, child custody and visitation, spousal support, financial obligations of each partner, debts, assets, and future income such as retirement benefits. Your NC separation attorney may even include stipulations in the document that require that the divorce is finalized through mediation instead of going to court.

What is included in the document will be based on your specific case. Since every case is different, your attorney will customize the agreement to meet your specific needs.

Is My Spouse Required By Law To Sign This Agreement?

No. A separation agreement, when completed, is a contract. Because it is a contract, both parties must enter into this agreement willingly and without coercion. If your spouse does not wish to agree with the document, they can approach their own family attorney to have one drawn up, or the separation can continue without an agreement.

Is It Difficult To Find An Attorney That Will Handle A Separation Agreement?

No. If you make an appointment with our Concord family law office and state that you want a separation agreement, there will be attorneys that can provide you with this service. You will have to answer several questions during the consultation so that the attorney can establish what needs to be accomplished, then they will begin the job of preparing the document. Of course, when you return, you will have the option to review the document and implement any changes. It is that simple to accomplish.

If you need a North Carolina separation agreement, contact our Concord law firm for an appointment today.