Divorce in North Carolina is a relatively simple idea. North Carolina is a no-fault divorce state. Parties can file for divorce on their own for any or no reason. The only requirement to be eligible for an Absolute Divorce is that you must have completed a one-year separation period before you can file the complaint for the absolute divorce. This separation period requires that the parties live separate and apart to be valid. This separation period can create a great deal of uncertainty in the lives of the divorcing parties, and that is where a Separation Agreement comes into play.
A Separation Agreement is a private contract between a married couple when they separate from each other. It is designed to be an amicable way of bridging the gap between the initial separation and the time until the divorce judgment, while also helping to keep both parties out of court. Separation Agreements are used to resolve a number of issues, such as property division (also known as Equitable Distribution), debts, alimony, taxes, custody, and support. Each of these issues could result in a costly court battle, making it very valuable to be able to resolve them without getting contentious.
A good Separation Agreement will even help with issues beyond the court related ones listed above. Despite separating, the parties are still considered married until the divorce is finalized, and the marital rights of each party therefore remain intact until the divorce judgment. This could relate to matters of estate planning, purchasing property, and the execution of other legal documents.
Separation Agreements are not a necessary step in the divorce process, but they can be a highly efficient and cost-effective method of resolving a number of issues. They do have potential drawbacks, such as a lack of formal discovery power, and limited remedies in the case of a breach of the contract. Despite these problems, Separation Agreements are still a highly recommended way to resolve all of the issues arising in a marital dissolution, and certainly an option worth exploring with an attorney before you commit to the expenses of litigation. If you need assistance drafting a Separation Agreement, or if you are curious as to your personal need for one, please contact the Law Office of Stephen Robertson. Our skilled and experienced attorneys will guide you through the process.
