When either of you have decided that “it’s over,” you need to consider entering into what is commonly known as a Raleigh Separation Agreement or Property Settlement and Separation Agreement. A Separation Agreement is a contract in writing between husband and wife that is signed and notarized. It may resolve all issues relating to child custody, child support, division of property, bankruptcy, credit card debt, and alimony. In Raleigh, North Carolina, you must be living separate and apart for one year in order to be granted a legal divorce. During that one year waiting period, you want to protect yourself from the actions or inaction of your estranged spouse. The best advice I can give you is to ignore everything you hear from your friends, neighbors, and co-workers, and seek the advice of a Raleigh Family law attorney.
There are many issues you must consider addressing in your agreement. They include: the legal and physical custody of your children and visitation, the payment of child support, North Carolina healthcare, extraordinary expenses and activities, the amount and duration of alimony, the allocation of debts, assets and finally the division of the household property. You should spend as much effort as you can toward addressing all the issues you have in a Separation Agreement. Inevitably, you may not agree on some issues and those issues can be litigated in a court of law while the other issues are memorialized in the Separation Agreement. All Agreements are not the same. Each Agreement is crafted to the particular needs of each client. Each case presents its own unique set of circumstances and a “form” separation agreement that you can obtain from the internet, neighbor, or a friend should be avoided.
A Separation Agreement is a binding contract and usually the product of much negotiation and disclosure. If you are presented with a Separation Agreement, please have it reviewed by a Raleigh Divorce Attorney prior to signing. Contact The Law Corner at 919-424-8319 for more information or to schedule a consultation. In the meantime, please take advantage of the many North Carolina legal resources The Law Corner has made available to you so you may get the information you need to make the best legal decisions.
The Law Corner Divorce Attorneys in Raleigh can help explain the divorce process to you and help you with other divorce related issues including but not limited to, the following:
Qualified Domestic Relations Order (QDRO)
The Law Corner Attorneys help people all over Wake County to include the following areas: Knightdale, Wake Forest, Raleigh, Morrisville, Apex, Wendell, Zebulon, New Hope, Cary, Rolesville, Fuquay-Varina, Holly Springs, and Garner.