SEPARATION AGREEMENTS

WE CAN HELP YOU AT ALL STAGES OF THE DIVORCE & SEPARATION PROCESS

North Carolina requires that prior to divorce, spouses live separate and apart for a period of 12 months. The couples must actually live separate and apart; it is insufficient to live in separate parts of the house or separate bedrooms. Even couples living in separate households who maintain the appearance of being married do not meet the separation requirement.

  • Examples of maintaining the appearance of being married include appearances in public places, shared meals, shared travel, access to one another’s living spaces, as well as other factors.

The process of divorce begins with separation and comes with a number of life-changing challenges. An attorney does not have to draft the separation agreement or be present when one is signed, but it is a good idea to involve an attorney in the process.

If you are considering separation or divorce, it is best to consult with a professional you can trust. If you have questions about separation, call the law firm of SeiferFlatow today at 704-512-0606 to set up a consultation.

Don’t let divorce take away the life you’ve built. Trust the attorneys at SeiferFlatow to help deliver you safely through this difficult time.

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WHAT HAPPENS IF WE RECONCILE?

Reconciliation is the resumption of marital relations. If the spouses reconcile during the period of separation, the one year separation period must restart and begin anew.

Reconciliation will also void a separation agreement and determine the date at which marital assets will be valued.

Evidence that the parties held themselves out as married to the general public, even without sexual relations can support a claim for reconciliation in North Carolina. Isolated incidents of sexual relations alone are not enough to support a claim of reconciliation in this State.

WHAT ARE THE BENEFITS OF A SEPARATION AGREEMENT?

A separation agreement is a good way to simplify the separation process. It is a contract between spouses that lays out the conditions of how the couple will live apart.

A separation agreement is basically a roadmap through the upcoming divorce proceeding as well. The typical separation agreement will state who will get which assets, how property will be divided, whether or not alimony will be paid, and other similar information.

WHAT ABOUT CHILD CUSTODY DURING A SEPARATION?

Separation agreements can show an agreement between the spouses on child custody and child support, but the Court is not bound by the contract.

This means that once the Court reviews the document, the Court can change the terms of the agreement or find the agreement unenforceable if the Court finds the agreement to be unfair or not within the best interests of the child.

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FROM OUR FAMILY LAW CLIENTS

  • - Jaleesa
    I've only had a consultation about a custody case, thus far, with Missy Foard and I can promise you she is an amazing woman. She's knowledgeable, professional, kind, funny, and affable. Words cannot express how hopeful and elated I felt leaving our meeting. It meant the world to me. I would and will recommend anyone to this law firm. Thank you so much, Missy.
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    Missy kept me informed every step of the way with my divorce case. I couldn't have done this process on my own.
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