Raleigh & Cary Separation Agreement
North Carolina is a no-fault divorce state and recognizes the rights of couples to separate from their partners. Separation is usually a voluntary action to which both parties agree. In many cases, the couple can use mediation or another collaborative approach to reach a separation agreement. A couple’s date of separation is generally considered the date the parties begin physically living separate and apart. People can execute a Separation Agreement reflecting their date of separation, or people can enter into a Consent Order that is filed with the court. However, this is not legally required for people to separate.
The Raleigh Divorce Law Firm helps couples make sure that their agreements address the following important factors:
- Child custody
- Child support
- Spousal support or alimony
- Division of property and debts
If you have already entered into an Agreement or have a court order in place, and you are unhappy with the terms, there may be ways to modify or change it. You must adhere to any existing Agreements and abide by any Orders that you have already been entered into, although our Raleigh divorce law firm can advise you about the process of making changes to these, if needed.
Divorce versus separation in Raleigh
Courts generally consider a couple’s date of separation to be the date that the parties begin living physically separate and apart. You and your partner still remain married after entering into a Separation Agreement or court order regarding your domestic issues. You still have to file for an absolute divorce in order to be legally divorced or remarry. In North Carolina, a person cannot file for an absolute divorce until they have been separated from their spouse for at least one year.
If you and your spouse live separately for more than one year, you can usually obtain a divorce by summary judgment. This means that both parties agree that they have been living apart for more than one year with the intent to end the marital relationship. It is not necessary for all of your domestic issues to be resolved before the absolute divorce is entered, although there are certain claims, such as alimony and equitable distribution, that must be filed for before a divorce judgment is entered. In many cases, a Raleigh divorce law firm can get a divorce entered by the clerk of court, without the parties having to appear in court or testify. However, there are some circumstances where parties would need to appear in court or testify in order to obtain the divorce judgment. A Raleigh divorce law firm can advise you on how the absolute divorce should be handled and take care of filing all the necessary paperwork.
Raleigh legal separation versus divorce from bed and board
North Carolina does recognize a legal remedy called divorce from bed and board that allows a spouse to force a separation when one of the spouse’s refuses to leave the marital residence. In order to file for this remedy, a spouse has to prove certain “fault” grounds. Only the injured party can file for this type of divorce—and must prove injury. Fault grounds for divorce from bed and board frequently include the following:
- Abandonment
- Adultery
- Cruel treatment
- Excessive drug or alcohol use
A divorce from bed and board can effectuate a physical separation of the parties by excluding one party from the marital residence, but it is not a ‘divorce.’ A person cannot legally file for divorce in NC until they have been living separate and apart from their spouse for one year.
Contact the Cary & Raleigh Divorce Law Firm today
Are you considering a new beginning for your family? Let the Raleigh Divorce Law Firm provide the quality legal counsel you need to help your family through this transition. Contact us online, or call us at 877.466.2601 to schedule a consultation.
