File a Separation Agreement in North Carolina
Under North Carolina divorce laws, a couple cannot finalize their divorce until their separation period has lasted for at least one year and one day. However, according to the Rosen Law Firm of North Carolina, the spouses can consider a separation agreement at any time after they have separated with the intent to live apart. The North Carolina courts accept separation agreements covering a variety of legal issues related to the end of a marriage, including property division, child custody, alimony and child support. As separation agreements are complicated legal documents, each spouse should consider getting help from a North Carolina lawyer before filing one.
Instructions
1. Identify all of the divorce-related issues that you and your spouse must discuss as part of your settlement agreement, such as if you have children together, own a home together or have debts to divide. Include topics that may have an effect on your future, even if they are not immediately pressing, such as continuation of health insurance coverage. Educate yourself about the relevant North Carolina laws that may affect your rights and responsibilities in those areas.
2. Negotiate the terms of the separation agreement with your spouse, identifying each topic or term separately -- for example, one section of your agreement might discuss topics related to your children, while another section might divide property such as real estate, cars or personal property. Participate in mediation with a neutral party, either voluntarily or if ordered to attend by the judge hearing your case. Consult with mediators, property valuation experts or attorneys who can assess the value of your marital property and provide other information during your negotiations.
3. Prepare a written separation agreement containing the terms negotiated with your spouse. Include information required by the North Carolina courts such as your personal information, marriage date and separation date. Review the agreement thoroughly before you both sign it. Even if you drafted the agreement yourselves, it may be helpful to review the terms with an attorney before signing.
4. File your separation agreement with the appropriate court. In North Carolina, the state district courts hear all domestic civil cases, which include child custody and support, marital property division, alimony and divorce. Pay the district court filing fees and follow all other instructions provided by the court clerk when you file the agreement.
Tips Warnings
Civil negotiations with your spouse may ease drafting of your separation agreement and allow you to avoid contentious court proceedings.
Consult with a North Carolina attorney, law enforcement or a domestic violence organization if you fear for your personal safety after you and your spouse have separated, or at any other time.
A separation agreement is a binding legal contract. As divorce has legal and financial consequences, you should consider hiring a North Carolina divorce attorney to assist you with your separation agreement. Omission of relevant topics from your separation agreement may lead to future difficulties; it is important to submit as thorough a document as possible to the court.
Tags: file, separation, agreement, north, carolina, North Carolina, separation agreement, your spouse, with your, your separation
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