A Morehead City Divorce Lawyer Can Guide You During Legal Separation
In order to obtain a traditional or simple divorce in North Carolina, a couple must be legally separated for one year and one day. This means that a married couple agrees to live separately, residing at different addresses throughout this entire time. While it’s not necessary to file separation paperwork or documentation, it’s important to keep proof of when you and your spouse separated.
Prior to your divorce proceedings, a divorce lawyer can help you protect yourself, your belongings, and your family during this waiting period by helping you create a separation agreement.
Creating a Separation Agreement with a Divorce Attorney
A separation agreement is a written contract between separated spouses that outline terms including spousal support, child support and visitation, and division of property. It is important to note that this document is not proof of legal separation, but it is still a vital aspect of the separation process.
Not only will your Morehead City divorce attorney ensure that this agreement protects your best interests, it can often make the divorce proceedings easier and more efficient. If you and your spouse find the terms of the separation agreement work well, these can often be carried over into the terms of the divorce, preventing bitter litigation and leading to an improved outcome.
A Separation Agreement for Non-Divorcing Couples
In some situations, a couple may choose to separate without divorcing. This may be due to religious grounds, plans to reconcile, or even factors such as health benefits and military benefits. If you choose to keep your married status while living separately from your spouse, it’s still important to protect yourself, your assets, and your family.
Having a separation agreement provides you with control regarding marital assets. For example, we can help you stipulate issues related to a joint bank account to prevent your spouse from removing assets without your knowledge or consent. An agreement can also mitigate risk and protect you in the event of your spouse accruing debt, makes an error related to tax returns, or engages in financial malfeasance.
A Divorce Law Firm Acting On Your Behalf
If you need legal assistance to create a separation agreement, our experienced team of divorce lawyers can work with you to create a contact or negotiate terms through mediation. However, if you’ve already worked out terms with your spouse, we can review the agreement and ensure that it’s a comprehensive document that works in your best interests.
The goal of our Carteret County divorce law firm is to help you obtain a separation agreement that works for you and your family and that protects your best interest, whether for the divorce waiting period or for a long-term separation.
Contact the Divorce Attorneys of Irons & Irons P.A.
When you are considering separating from your spouse or are planning on divorcing, it’s important to take the first step to protect your rights and your future as soon as possible. To help you take that step, work with a Morehead City divorce lawyer with the experience you need and the compassion you deserve. To schedule an initial consultation, call 252-585-5150 or simply complete the contact form below.
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