Prior to filing for divorce in North Carolina, a husband and wife must be separated for a period of at least one year. During this one year separation period several issues can arise between a husband and wife. These issues include many of the legal issues that are considered at divorce, such as child custody, child support, alimony and the division of marital property.
With a separation agreement, these issues can be agreed upon between husband and wife before they are eligible for a divorce. A separation agreement is a binding contract between husband and wife and is legally enforceable.
To be enforceable by a North Carolina court, the separation agreement must adhere to certain formalities. This is why it is important to hire an attorney who can draft the agreement correctly. An attorney will ensure that the agreement is fully enforceable and your rights are protected.
If you live in Harnett, Lee, Cumberland, or Wake county and would like to speak with one of our family law attorneys about a separation agreement, we would be gald to assist you.