Separation and Divorce FAQs
Hear from the Family Law Attorneys of Dummit Fradin directly as they answer frequently asked questions and address concerns about the separation and divorce process in North Carolina.
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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 knowledgeable Family Law Attorney lays out the steps to a North Carolina divorce.
Separation:
- North Carolina requires a one-year separation period before filing for an absolute divorce. This means living apart and demonstrating that you intend to end the marriage.
Serving the Complaint:
- The other spouse (defendant) must be formally notified of the complaint. This is typically done through certified mail or by a sheriff.
Negotiating a Settlement:
- While not mandatory, it’s highly recommended to work out a settlement agreement with your spouse that addresses property division (marital assets and debts) and spousal support (alimony). This can be done through mediation or negotiation with attorneys.
Once these things have been accomplished, a divorce can be finalized.
Considering an Attorney:
While navigating a divorce yourself is possible, consulting with one of our experienced Dummit Fradin attorneys is recommended. They can guide you through the complexities of the process, ensure your rights are protected, and represent you in court if necessary.
Divorce and annulments are similar in the fact that they end marriages. However, the effects of each are different.
Annulment
An annulment can only be granted in very specific circumstances. But, it can be granted immediately. Annulments are rare. The most common reason for one is a bigamist marriage. Meaning, one person is married to more than one person at the same time. Another difference is that an annulment must have findings of fact set forth by a judge. Keep in mind, if a marriage is annulled, the parties will not have the same rights as they would under a divorce.
Divorce
Divorce requires a year and a day separation period. In a divorce, the parties may not be required to appear in court. Divorces are also a more straightforward and realistic remedy to achieve.
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.
You’ve been served divorce papers, now what? A divorce starts with a complaint, a legal document filed by one spouse. If you receive this complaint (get served), it’s important to respond within the time limit (usually 30 days) to fight for things like child custody, spousal support, or property division in the divorce settlement. Ignoring the complaint can make it very difficult to get these things later.
A trusted Family Law Attorney gives a brief overview of the divorce process in North Carolina while discussing why it is important to at least consult with an attorney to ensure everything is properly handled. Having an attorney help will ensure that your rights are protected in the future and also help by keeping track of important deadlines. During your separation period, your attorney will determine if you are entitled to spousal support or alimony. So, while it is possible to file for divorce without an attorney, the system is designed to work with attorneys and it’s not a good idea to try it by yourself.
