It’s bad enough you are going through a separation; however, now you are being told that a separation agreement is wanted as well. As if you are not already stressed about the separation and how to move forward in your life, you now have to speak with your spouse and come up with a plan on how to move forward…separately. Just the thought alone can give you anxiety and though you may feel alone, you do not have to be. In these situations, it is in your best interest to seek legal representation and advice. If you or a loved one is going through a separation and is seeking a separation agreement, contact an experienced North Carolina separation attorney to help you strategize about the best possible outcomes for your situation.
Separation Agreements
In North Carolina, before you are able to get a divorce, you must first legally separate. A legal separation occurs when you are your spouse have been physically separated (living apart in separate houses) for one year and a day. Though a separation agreement is not required for a separation to be legal, it does serve as a legal document with the means to divide property and come to a custody arrangement with your spouse.
Separation agreements, if not done correctly, can bring about unanticipated issues, such as having to pay alimony for life or making educational decisions for children. Therefore, it is important, when moving forward with a separation agreement to keep your emotions under control. Figure out what you would like for you and your children as well as your spouse out of the separation. Also, it is important to do your homework, such as you and your spouse’s finances and childcare expenses. Doing your homework on these expenses can help you understand what will need to be handled financially so that you can negotiate accordingly.
Technically, an attorney does not have to draft a separation agreement between you and your spouse, however, it is in your best interest to seek an attorney for complicated separation agreements, for agreements where you and your spouse cannot come to a resolution, or as a guide to help you through the separation process. Also seeking legal advice can help you to understand your rights, help you to understand what you may be giving up within the agreement, as well as help you through this stressful period, by helping you avoid expensive miscalculations and mistakes.
Need Legal Advice?
Going through a separation can be a difficult experience, however, with a separation agreement in place, your life as well as your children’s life can be made so much easier. Though you may have some anxiety regarding a separation agreement, you don’t have to go through the process alone. An attorney can help you make better decisions and help you think about more than the here and now. Having an attorney on your side can also prepare you and make things easier in the event you both decide to divorce. Because of this, if you or a loved one is seeking information regarding separations, contact an experienced North Carolina separation attorney at The Law Office of Dustin S. McCrary. We are here to make your life easier, so contact our office today!