When it comes to a couple’s separation, there might be issues revolving around property division, alimony, child custody, and child support. If you are going through this phase, it is best to learn about the North Carolina separation laws to help you make informed decisions. You may want to involve a family lawyer if you do not understand the laws. The lawyer can advise and guide you through the laws for a seamless experience. Read on to learn more about North Carolina separation agreements.
Understanding North Carolina Separation Agreements
What is a Separation Agreement in North Carolina?
A separation agreement is a process that allows couples to settle divorce-related matters in the cheapest and less problematic way once they decide to separate. Couples are deemed separated when living in separate places and intend to remain separated. If parties agree to solve their issues out of court, they will likely spend less time and money in the long run. It also lessens the stress of separation, making the process smooth.
Both parties should sign the separation agreement because it protects their rights in the future. Once signed, the agreement becomes a binding contract between the two parties. The court could use it in the future.
Unfortunately, if the parties can’t sign the separation agreement because of the issues involved, it is best to go to court. However, it is worth noting that litigation is costly and time-consuming. It is also a debatable process that can create hostility between the parties. This is why couples should try as much as possible to solve their issues outside of court and sign the separation agreement.
If the parties have no option but to go to court, it is best to engage an experienced family lawyer such as Remington & Dixon PLLC to guide and advise you on how to go about the entire process. Contact us today to schedule a consultation.
Separation Agreement Terms
As mentioned above, a separation agreement consists of various elements. However, this depends on the issues each couple faces during separation. Different couples will have different issues. This is why it is best to analyze your issues and agree on how to resolve them. Below are the terms of the separation agreement in North Carolina.
Child Custody and Child Support
North Carolina takes children’s interests as a vital element during separation. If children are involved in the separation, parents should agree on how to take care of the children and who will stay with them.
The agreement must serve the best interest of the children. If not, the court will allow the modification of the agreement to suit the children’s interests. If there is no objection to the child custody and child support agreement, the court will agree to the terms because it presumes that they serve the children’s best interest.
The parents will determine who takes over the children’s physical and legal custody. Below are various components of the child custody and child support agreement.
• Visitation rights.
• The location where the children will stay.
• Where they will spend vocations.
• Schools they will attend.
• Amount of child support needed.
Additionally, the agreement will include penalties should either party fail to fulfill the terms. The agreement should also state terms of reconciliation should the parents decide to get back together in due course and how this will affect the contract.
Once parents agree on the terms, they can present the agreement in court to make it legally binding. The court will use it in the future should either of the parents fail to obey the agreement terms. Contact us today if you are experiencing issues with your spouse concerning child support and child custody.
Marital Residence
Parties seeking separation in North Carolina will need to discuss future plans for the marital residence if they own a home. The parties can decide to sell the house, or one party can withdraw home ownership in exchange for money or another property owned by the other party.
It is best to seek legal advice on how to handle this matter to protect the interests of both parties. Speak to us today, and we will be glad to help you through the process and ensure you sign the separation agreement smoothly.
Alimony
Alimony is support paid by one spouse for transportation, shelter, food, clothing, and other necessary expenses. The parties agree on whether the support will be paid continuously or in a lump sum.
It is worth noting that either party can pay alimony based on the separation agreement terms. The agreement should have a date, the amount the other party will pay, and how long this will go on. If you have had issues deciding how to solve alimony issues, we can help. Contact us today for legal help.
Personal Property Division
Personal property includes cars, furniture, house equipment, stock, mutual funds, savings, bonds, and IRAs. The parties should decide how to divide the property by entering into a contract.
Once they agree, they should sign a separation agreement detailing properties divided between each party. If the parties have issues with equitable distribution of personal property, it is best to contact a family lawyer to guide and help.
Future Debts and Liabilities
Once parties separate, no one should be held liable for the other party’s choices. For instance, if one party decides to secure assets, they are prohibited from including the other party’s name. This is why it is best to sign the separation agreement agreeing that each one will be responsible for their choices in the future.
Contact North Carolina Family Lawyers Today
Are you planning to separate from your partner and do not know what to do? We can help. Remington & Dixon PLLC has experienced lawyers you can trust with all your issues during a separation. Contact us today for a free consultation.
Separation Agreement FAQs
Must I sign the separation agreement?
No, you are not required to sign a separation agreement. However, it may be best to sign the separation agreement to protect you from issues after the separation. It gives you a seamless process and clarifies the problems you may be facing.
How do I get a separation agreement?
North Carolina family attorneys can guide you when planning to sign a separation agreement. Ensure you hire someone with in-depth experience in the field.
What makes a separation agreement valid?
A separation agreement is valid when written, signed by both parties, and attested to by a notary.
