Separation Agreements In North Carolina
Separation is one of the most difficult and painful things you can experience. It is even more complicated because of the prevalence of common myths about separation and because of the multitude of options available to you. Our goal is to help you understand and streamline the process so that you can efficiently resolve your situation and begin to move forward.
Is There Legal Separation In NC?
One of the most common questions we are asked is for help making a separation “legal” or for help achieving a “legal” separation. In North Carolina, there is no lawsuit required to be filed to become “legally separated.” In fact, you do not need to have a Separation Agreement to be separated under the law, however, you would have no protection without doing so. A legal separation is simply the physical separation of two spouses with the intent of one of the spouses to remain permanently separated; meaning that you are living in different homes. Once you are physically separated you are separated in the eyes of the law, there is nothing else that needs to be done to make your separation “legal.” A word of caution, however, once one spouse leaves the marital residence the spouse is not entitled to return to the residence without the consent of the spouse who remained, even if both spouses’ names are on the deed. In fact, the spouse who moved out can be arrested for Domestic Criminal Trespass, N.C. General Statute § 14-134.3, if they return without consent so if you are thinking about moving out make sure you have already made a plan about where you will live for the time being.
However, that certainly doesn’t mean that the process is done or complete. You will need to have a Separation Agreement or a Parenting Agreement drafted and properly executed to ensure that all of your rights are protected. A Separation Agreement can resolve the issues of child custody, child support, spousal support and property division. We encourage all couples to have a valid and binding Separation Agreement either before separating or shortly thereafter. A Parenting Agreement only covers issues of custody and/or child support and may be a good option for parents who were never married while a Comprehensive Separation Agreement can resolve all remaining marital issues.
How We Will Help You
Lesnik Family Law P.C. is more than willing to assist you with the process of separating and the creation of a Separation Agreement. There are a variety of options for the creation of an agreement and the process of coming to an agreement. It is our goal to simplify the process and make it as painless for you as possible. We will be there to guide you through the process and answer any questions and concerns you may have. As a part of this service, we are willing to conduct consultations by phone or e-mail if you wish to do so. However, we are certainly willing to meet with you to discuss the process and your options and we would be more than happy to schedule a consultation with you.
Contested Or Uncontested Separation Agreement And Parenting Agreement
This service is for couples who are just starting the separation process and who have or may have a somewhat contentious relationship or may have an amicable relationship. The attorney will work with you in drafting an agreement to present to your co-parent based upon your individual needs. The attorney will also negotiate with your co-parent for you regarding any proposed changes. The Fees for the contract for parenting agreements are billed at an hourly rate.
To start the process, we will need you to complete an information sheet, separation agreement questionnaire, and sign and return a contract for services. They can be returned by e-mail, by fax (919-400-4593), or by mail (to P.O. Box 20071, Raleigh, NC 27619). Payment can be made online by credit card here or by check. A time can also be arranged for you to drop off your paperwork and payment with the attorney if preferred.
You will receive a receipt of any payment and confirmation of the payment and documentation from the attorney. The attorney will be available to speak with you or by e-mail for any questions or concerns you may have. As mentioned, the services and options available to you can be explained and addressed more fully with you during a consultation with the attorney. Please contact our office to schedule a consultation.
Collaborative Law vs. Traditional Litigation
Fighting. Chaos. Uncertainty. These are just a few of the words that describe what can happen when a marriage ends. The traditional divorce procedure − where each spouse hires an attorney to battle in court − only makes the situation worse.
Collaborative Law offers a different way for people to dissolve their marriage, a way that avoids the acrimony and bitterness that comes with litigation. In a collaborative divorce, each spouse hires his or her own attorney, but everyone agrees to stay out of court and resolve issues through respectful, constructive negotiation. In this way, divorce issues are decided without needless emotional trauma to the couple and to any children involved.
There Is a Better Way
- Control: Traditional divorce litigation gives a judge the power to decide your future, from child custody to property division to alimony. In a collaborative divorce, you and your spouse have control over your own outcome.
- Client focus: Simply put, the collaborative process is about you and your family. The process is tailored to truly helping you and meeting your needs. It is not about a lawyer building a reputation by “winning” a case.
- Communication: One key feature of collaborative law is that it teaches the couple how to communicate effectively and openly in order to resolve issues. This is completely the opposite of most litigation, in which communication is cut off in favor of secrecy, and that leads to more hostility.
- Cooperation: The essence of litigation is an adversarial, confrontational approach. Collaborative law, in contrast, encourages couples to cooperate in a respectful, useful way, preserving their emotional and mental health.
- A team of professionals: In a collaborative case, an entire team is working to help the couple reach a positive outcome. The typical team includes financial experts, mental health professionals and child specialists as necessary. Experts in litigation are hired separately, typically at great cost.