You do not need to sign a separation agreement or any other written instrument legally separated in North Carolina. To be deemed severed from your marriage, you must reside in separate locations, and at least one of you must intend for the separation to be permanent. In general, if your relationship has ended, but you continue to reside in the same house, or if you live in different dwellings intending to remain separated eternally, you are not legally separated.
How Does A Separation Agreement Work?
A separation agreement is a confidential agreement between separated or soon-to-be-divorced couples. A separation agreement outlines agreed-upon arrangements about many aspects of the divorce, such as who pays whose expenses, whether one spouse will remain in the marital house, and where the children will reside. Separation specifics, property division, spousal support, and, if there are children, child custody and support, are all covered in a standard separation agreement.
What Is The Purpose Of A Separation Agreement?
You do not need to execute a separation agreement to be legally separated from your husband. On the other hand, a separation agreement can handle many legal concerns that arise when a marriage ends. In rare cases, spouses may ask for the separation agreement in their final divorce decree.
What Is The Procedure For Obtaining A Separation Agreement?
Separation agreements are usually created and negotiated by lawyers, who may adapt the arrangement to your family’s requirements.
Is It Possible To Incorporate Choices Concerning Child Custody And Support In A Separation Agreement?
A divorce decree could include parental responsibility and child support conditions. When one of the family later files a kid custody case, the judge has the authority to impose a different custody arrangement if the judge considers it is in the kid’s best interests. Suppose one of the parents later files a child support case. In that case, a court may modify child support if the agreed-upon amount does not satisfy the kid’s reasonable requirements or if the child’s circumstances have changed significantly.
You could urge the court to hold the individual in contempt of court if your separation agreement was incorporated in a court order, such as your divorce decision. If not, you can have your separation agreement enforced by suing your ex-spouse for violation of the contract. This is something that an experienced legal company like Marshall & Taylor PLLC can help you with.