Legal Separation & Separation Agreement

Legal Separation & Separation Agreement Topics

• Is a Separation Agreement Right for Me?
• Do I Have to Disclose All My Assets in Negotiating a Separation Agreement?
• Can I Change the Terms of a Separation Agreement in North Carolina After it is Signed?
• What Happens if Someone Doesn’t Follow the Separation Agreement?

Many times individuals call our office in Charlotte, North Carolina, confused about what exactly they must file to obtain a “Legal Separation.” In actuality, under North Carolina Law two parties are legally separated the day that they physically reside in separated residences and no longer possess the intent to resume marital relations.

Once a spouse moves out of the marital residence, the North Carolina one year statutory requirement for a divorce begins to run. However, with this being said, there are many rights that a spouse must preserve by filing specific actions prior to the date a divorce judgment is entered. A spouse may deal with these issues in court through expensive litigation; however, they may also enter into a Separation Agreement or Property Settlement Agreement, where two clients seek the assistance of one attorney, or two attorneys work together to avoid expensive litigation.

Spouses who are able to enter into a Separation Agreement will benefit greatly by the effectiveness and legally efficient characteristics of a Separation Agreement. In its truest form, a Separation Agreement is a contract between spouses that allows them to deal with all the legal aspects of divorce, such as: the distribution of assets, the possibility of spousal support, child custody and child support, and to the disposition of assets. It is often best to meet with a Charlotte Family Attorney and attempt an amicable resolution to the dissolution of a marriage by drafting a Separation Agreement. Contact the Law Offices of David P. Sheehan today at (704) 222-4752 and speak with an Attorney to see if you can benefit from a Separation Agreement.