Separation Agreements in North Carolina

In North Carolina, parties must be separated for at least a year in order to obtain a divorce.  During this time, many people make the decision to create an agreement between the husband and wife that will determine how to divide property, child custody, and even child or spousal support.  A separation agreement is a wonderful ways for parties to decide what is important to them, and negotiate for these issues between each other without getting the courts involved.

A separation agreement can also be beneficial because many changes can occur over the course of a year.  Your spouse may be cooperating with you now, but with more time apart and more conflict they could become more and more difficult work with.  It is better to clearly document both parties’ wishes, including who will live in the marital home, before things become messy.  And sadly, most divorces will become more complicated than either party first predicated at the time of separation.

If possible, speak to an attorney and try to create a separation agreement before leaving the marital home.  An exception to this rule is if you are suffering any type of physical abuse at the hands of the other party.  Your safety and the safety of your children is more important than any material thing.

Contact us today about creating a separation agreement for you and your spouse.