Charlotte Separation Agreement Attorneys

Do You Need a Separation Agreement in NC?

No, North Carolina does not require a legal separation.

However, according to state law, any couples who wish to end their marriage must file a petition for absolute divorce or file using the state legal grounds for divorce plea.

Separation agreements are written contracts that set up the terms a married couple will separate and live apart.

Couples who separate must live apart for a year before divorce in North Carolina.

Thus, these contracts delineate how contracts will determine various marriage issues during that period.

In addition, it creates a sound understanding of expectations to help avoid future conflict.

You can rely on the Charlotte separation agreement lawyers at Rech Law, P.C. to help you negotiate or draft such an agreement, or to review one that your spouse may have presented. We can help you identify your goals for the contract as well as advocate on your behalf to help protect your best interests.

Our firm provides the legal knowledge and skills required in handling all aspects of separation agreements so to meet the requirements of North Carolina law.

What Does a Separation Agreement Cover?

Separation agreements can address all of the issues that may come up in a divorce.

These issues can include:

• The division of marital property and debts;
• Who will remain in the marital home;
• How expenses will be handled;
• Alimony;
• Child support;
• Child custody and visitation; and
• Consequences for violating the agreement.

While child support and custody can be covered in a separation agreement, they are often settled through court orders. The separation agreement itself is not a court order but it is a legally binding contract so it can be enforced by the court if it is violated or ignored.

How Long Does a Separation Agreement Last?

A separation agreement can last anywhere from 90 days to a year or longer, depending on how long it takes for the divorce to be finalized.

What Voids a Separation Agreement?

A separation agreement may not be considered legally binding if:

• Either spouse agreed to it without legal advice;
• Their circumstances have changed considerably since the agreement was made, making the original terms unfair;
• Either spouse did not fully and honestly disclose their financial situation.

Why Use Rech Law?

Negotiating a separation agreement can be difficult and emotionally draining. The timing of such an agreement can also be a critical issue to ensure that you do not waive your rights to certain issues that may not have been resolved prior to a divorce. That is why we recommend that you bring your case to one of our Charlotte separation agreement attorneys for review and guidance. We offer compassionate legal support in helping you reach an agreement tailored to you and your family’s needs that you feel is fair and that will serve you well in the future.