Separation Agreements in North Carolina
What are Separation Agreements?
Because spouses are required to live separate and apart for a year prior to divorce in North Carolina, it makes sense to have a contract governing the terms of the marriage. Sodoma Law has extensive experience helping clients in negotiating and drafting these contracts, commonly known as separation agreements.
Separation Agreements act as the “private law” of your separation, offering both spouses clarity about what expectations are during the time they are living apart. In North Carolina, separation agreements may encompass such areas as:
- Property Division
- Division of debt
- Possession of the marital residence
- Allocation of expenses
- Spousal Support
- Child Custody, including Parenting Schedule
- Child Support
While child custody and support may be addressed in a separation agreement, more commonly they are dealt with via consent orders (a court order signed by you, your spouse and the Court). A signed separation agreement is not a court order, but because it is a legally binding contract, if one spouse does not abide by its terms, the separation agreement can be enforced by a North Carolina court.
Just as with any contract, it’s important not to sign or agree to the terms of a separation agreement unless you understand and agree with it completely. Sodoma Law also assists clients who are asked by their spouse’s attorney to sign an agreement. We offer a thorough review of the document, and suggest amendments and revisions to make sure it is fair to our client.
Charlotte Attorneys Helping You Navigate Your Separation
In addition to offering separated North Carolina spouses certainty about the terms of their separation, separation agreements offer the advantage of being able to be customized to each couple’s particular needs. Spouses usually understand the needs and circumstances of their family better than a judge can. It is often quicker and less expensive for the couple to arrive at an agreement, and they are usually more satisfied with the results.
While it can be beneficial for spouses to reach agreement on terms of the separation themselves, we know that the process of negotiating can be exhausting. Sometimes parties give in just to achieve resolution, even when that resolution is far from ideal. Because we make it a priority to understand our clients’ needs and help them identify their goals, our attorneys offer advocacy, support and legal guidance to help clients reach the best possible separation agreement.
Setting the Stage for a Successful Divorce in North Carolina
When a settlement agreement is well negotiated and carefully drafted, it serves the parties well during their separation and beyond. At Sodoma Law, we remain involved with our clients throughout their separation, helping them evaluate what is working and what needs to be improved. In this way, we are able to facilitate the completion of the divorce process and pave the way for our clients to transition confidently into their post-divorce lives.
If you and your spouse are contemplating divorce, or your spouse has presented you with a proposed separation agreement, Sodoma Law can help. We work with clients in Charlotte, Mecklenburg County, and throughout Western North Carolina.
We look forward to serving you and your family. Contact our family law attorneys for more information.