North Carolina is a no-fault divorce state. This means that you will not be able to file for divorce until you have been separated from your spouse for at least one year and one day. Separating from your spouse is a simple process that does not require filing paperwork. An experienced separation lawyer in Charlotte can help you during your separation and divorce.
At Melone Hatley, P.C., our experienced team of Charlotte family lawyers will handle your case with compassion and protect your rights throughout your separation and during your divorce. Get in touch with us today to set up your free case review with one of the Client Service Coordinators from our team.
Starting the Clock on Your Legal Separation in Charlotte
The first step in North Carolina’s divorce process is to start the clock on your legal separation. As soon as you and your spouse are no longer living together and at least one of you intends for the separation to be permanent, under North Carolina law, you will be legally separated.
While many states allow for a quicker divorce filing under certain conditions, North Carolina only permits no-fault divorces based on separation. Once you have lived apart from your spouse for at least one year and one day with one or both of you intending for the separation to be permanent, you will be able to file the paperwork required to begin divorce proceedings.
Is a Separation Agreement Necessary for a Separation
While you do not need a separation agreement to formalize your separation, if you are able to come to terms with your spouse regarding any of the issues that will need to be resolved, you should put an agreement in writing to help add clarity and simplify things when it comes time for your divorce proceedings to begin.
Some of the issues commonly addressed in a separation agreement include:
- How your assets will be divided
- The financial obligations for both parties
- Child custody
- Spousal and child support
When drafting your separation agreement, it is critical to enlist the services of an experienced separation attorney in Charlotte. Your lawyer can help ensure that all the issues you and your spouse need to decide upon are covered in your separation agreement and that it is enforceable.
Once you have everything in writing, you will have the option of contacting the court to enforce the terms of your separation agreement if your spouse should fail to live up to their end of the bargain.
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Your Separation Agreement Can Affect the Final Terms of Your Divorce
A separation agreement between you and your spouse can play a role in the divorce process. If both parties are following the terms negotiated in the settlement agreement without any problems, you may decide to finalize the agreed-upon terms for your divorce.
Carrying the separation agreement over into your divorce can simplify your divorce and allow you to avoid leaving important decisions about your future up to the court. Of course, it is still critical that you speak with an experienced Charlotte divorce lawyer before signing anything.
Your attorney will ensure that your interests are protected at every stage of the divorce process, including when you sign separation and divorce agreements.
Child Custody During Separation
Not all the issues you will need to resolve during your separation and divorce require an immediate resolution. For example, you may be able to wait until the final stages of your divorce to determine the division of some of your personal property. However, you will need to reach a custody agreement as soon as possible.
While your initial custody arrangement outlined in a temporary separation agreement may not align with the final arrangement you have once your divorce is finalized, you need to have something in place for the interim. If you and your spouse can agree on custody as part of your separation agreement, an experienced Charlotte custody and visitation lawyer can help ensure the agreement is aligned with your goals.
If you can’t come to terms regarding custody, the court will make a temporary custody ruling that will be enforceable until your divorce goes through. It’s critical to note that whether court-ordered or agreed upon between you and your spouse, the court will take the custody arrangement that exists during your separation into account when they rule on custody during your divorce.
Child and Spousal Support During Separation
As with custody, any temporary agreement or order for child and spousal support during your separation is likely to weigh heavily upon the court’s decision when making a ruling regarding support in your divorce.
Because of this, it’s critical that you don’t agree to give more in support than you should or accept less than you deserve in order to quickly reach a separation agreement. Before you sign a separation agreement, have your attorney review it to make sure that your interests are represented and that you don’t compromise your future.
Hire an Experienced Charlotte Separation Attorney Today
The period between deciding to end a marriage and finalizing your divorce can significantly affect the rest of your life. The best way to protect your rights during your separation and put yourself in the best position during divorce proceedings is to secure the services of an experienced separation lawyer serving Charlotte.
At Melone Hatley, P.C., we will use every resource at our disposal to help you reach your goals regarding your separation and divorce. Contact us today by giving us a call, completing our contact form, or using the chat tool on this page, and schedule your free case evaluation.
