When a marriage comes to an end, both parties must agree on the terms of the divorce, from property distribution and spousal support to child custody and more. Often, particularly when both parties are agreeing to separate “amicably,” a couple may opt to come to this agreement while they are separated, before filing for divorce. In other cases, they may opt for a divorce settlement agreement later in the process or have to resort to a court decree about things they could not agree upon.
With so many options, it’s easy to become confused about what you should do. Our North Carolina separation agreement attorneys are here to help clear up some of that confusion, so read on to find out if that separation agreement you’re contemplating may become part of your divorce settlement.
What Is Required to Be Legally Separated in North Carolina?
Contrary to popular belief, it is not necessary to have a settlement agreement in place to prove you are separated. All that is required is that you and your soon-to-be ex are living apart for one year and have no intention of getting back together. That’s it.
So, if you are feeling pressured to sign a separation agreement right now, rest assured you are not required to do so.
What Is the Difference Between a Separation Agreement and a Divorce Settlement in North Carolina?
The only real difference between a separation agreement and a divorce settlement is time. Both documents lay out two people’s rights and obligations in ending a marital relationship. With that said, you can have a divorce settlement without having a formal separation agreement. You can also have a separation agreement that looks vastly different from a divorce settlement agreement. It all comes down to what you agree upon when it’s time to submit your agreement to the judge. Whether you call it a separation agreement or a divorce settlement makes little difference.
In short, your separation agreement may become part of the divorce settlement if the two of you agree to incorporate it. If you want to negotiate a different set of terms before the divorce is finalized, you have the ability to do that as well.
I think I Want a Separation Agreement…Now What?
If you and your ex are able to negotiate a settlement agreement, that can make the divorce process much quicker and less expensive than litigating your divorce. Here are some things that can be settled in a separation agreement:
- Child custody and child support
- Division of property, assets, and debts
- Spousal support
- Disposition of life insurance, retirement accounts, and other financial accounts
- College expenses or other future financial obligations
A separation agreement cannot require one of you to do anything illegal, nor can you be forced to sign under duress.
For the agreement to be valid in North Carolina, it must be signed by both parties and witnessed by a notary.
Do I Need an Attorney to Create a Separation Agreement?
Yes. In fact, it’s an even better idea to have two attorneys–one for each of you. While it may be tempting to use an online template or less costly to just have one attorney, doing either of these things can have negative consequences down the road. Each spouse should have their own attorney during this process to ensure their rights are being properly represented.
In addition, your attorneys will help ensure that the agreement satisfies all legal requirements, protects your rights, and addresses your best interests.If you are contemplating a separation or divorce, contact the experienced family lawyers at Greene Wilson Crow & Smith, P.A. to schedule a consultation.