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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 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.
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 couples’ marriage without going to trial.
The two parties may resolve things such as:
In this video a respected family law attorney explores common questions about separation agreements.
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 law attorney about how a one may benefit your divorce.
Schedule an initial consultation over the phone: (877)Â 978-3218
The Benefits of Having a Separation Agreement
Separation agreements can be done in contemplation of a couples’ legal separation or after the parties are living separate 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 separation agreement lawyers today about your case.
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Winston-Salem
Criminal & Immigration Attorneys
1133 West First Street
Winston-Salem, NC 27101
(336) 485-4907
Winston-Salem
Family Law Attorneys
3400 Healy Drive
Winston-Salem, NC 27103
(336) 962-7221
Greensboro
Criminal & Family Law
328 E. Market Street
Greensboro, NC 27401
(336) 360-5528
High Point
Criminal & Injury Law
820 North Elm Street
High Point, NC 27262
(336) 814-8118
Our service area includes Forsyth County, Guilford County, Surry County, Stokes County, Yadkin County, Davie County, Davidson County, Randolph County, and Alamance County.