While a separation period of one year and one day is a requirement to obtain a divorce in North Carolina, it also offers you an opportunity. You may be certain that divorce is the right path forward. However, the logistics and reality of divorce can look very different from what you have pictured in your mind. In many ways, you can treat this separation period as a dry run of a divorce.
The separation agreement? A first draft
As the North Carolina Judicial Branch states, a separation agreement is not necessary to complete your separation period. However, it can be beneficial to craft one. You can begin addressing how you will approach matters such as:
- Your child custody arrangement and parenting time
- The division of your marital property
- Even support payments, should they be necessary
A separation agreement would not be your final settlement, but it could provide a decent draft for you to revise or build off of in the official divorce proceedings.
The actual separation? A dry run
The separation agreement can act as a guide for you during this period. However, throughout the separation period, you and your ex-spouse can actually determine how well the terms of this agreement work, or which ones may need modifications.
For example, during the separation you may try a more involved co-parenting strategy. Then, you may find yourself facing increased or exacerbated conflict as you navigate this particular arrangement. Therefore, you may determine that parallel parenting may be an option to consider moving forward, and the arrangement you choose when you negotiate child custody in the divorce proceedings.
All of this is not to say you cannot modify the agreements after you finalize your divorce. It is possible, though it can prove a bit more challenging.
There are many details you must evaluate as you prepare for a divorce – and even for the separation period. It may indeed take some trial-and-error to determine what works best for your family as you proceed. You can view the separation period as a time to test out exactly what will work, and what will not.