Practice Areas > Family Law > Separation Agreements
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Client Intake Sheet
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Separation Agreement Questionnaire
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Alimony Statute
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Equitable Distribution Statute
When either of you have decided that "it’s over", you need to consider entering into what is commonly known as a 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 and debt, and alimony. In 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 and inactions 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 an 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, 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 family law attorney prior to signing.