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.