Wake Family Law

Raleigh Divorce Lawyers - Raleigh Family Lawyers

Schilawski O’Shaughnessy Grace King & Mauney, PLLC

Raleigh, North Carolina
(919) 787-4040

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You are here: Home / Answering Your Questions / FAQs about separation agreements

FAQs about separation agreements

What constitutes “separation” in North Carolina?

If you and your spouse are living separate and apart with the intent of at least one of you that the separation be permanent, you are considered to be “separated” in North Carolina. North Carolina defines separate and apart as living in separate residences. If one spouse is sleeping on the couch or living in another part of the house, that does not qualify as living separate and apart. No paperwork or official filings are required to become separated.

Why do I need a separation agreement?

A separation agreement is a document often used by separating (or separated) couples to set out their respective rights and obligations at the end of their marriage. You may not need a separation agreement immediately upon separating, but we have found that the separation process is often less expensive and less combative when clients are able to reach an agreement before they separate or shortly thereafter.

What issues can be the subject of a separation agreement in North Carolina?

As one of the best means of resolving all issues arising out of your separation, the separation agreement can cover everything from child custody to child support to property distribution to spousal support to life insurance and college expenses. Separation agreements can create temporary or permanent resolutions of all or some of the above issues. Partial separation agreements can reserve certain issues for resolution in court or through arbitration. The scope of agreements depends on the willingness of the parties, the creativity of their attorneys, and the needs of the parties.

Is a separation agreement required to get a divorce in North Carolina?

No. A separation agreement is just one manner of resolving property and support rights and issues relating to children at the end of a marriage. It does not affect the ability to obtain a divorce after the required one year period of separation. However, any claims relating to property division and alimony are lost if they are not resolved by separation agreement or court order prior to entry of the divorce judgment, or if there is not a lawsuit pending to resolve those claims filed at the time the divorce is granted. For that reason, many couples will wait until the completion of a separation agreement to file for divorce.

Can I be compelled to sign a separation agreement?

No. Like any contract, a separation agreement is formed by the voluntary act of the parties. Your spouse cannot compel you to enter into an agreement or to agree to certain terms without your voluntary participation. A separation agreement that is signed under duress or without full disclosure of all of the facts, financial or otherwise, may not be enforceable later on.

Why do I need a lawyer for a separation agreement?

Your lawyer is your advisor and protector when it comes to negotiating and drafting a separation agreement. In addition to making certain that the legal formalities for the agreement are met, your lawyer can inform you regarding the laws governing the various issues that are covered by your agreement, the potential alternative ways to resolve issues, and the most effective ways to provide security for you and your children. Your lawyer’s experience is an invaluable asset that you can use to evaluate when to settle and when to fight on, and, of course, your lawyer has negotiating skills which have been honed by years of practice. An agreement found on the internet or drafted by the parties is never a good substitute for the advice and expertise of an attorney, and we’ve found that many clients with such agreements end up paying more in legal fees to resolve issues created by such documents.

Can the same attorney represent both of us?

No. Because each party has different interests in the negotiating process and because there are opportunities to advocate for one party even in the drafting process, we believe it is a conflict of interest to represent both parties. Often, however, we will draft an agreement on behalf of one client and present the draft to the other party to review with counsel of his or her own choice.

What formalities are required in order to create a valid separation agreement?

A separation agreement needs to be signed in contemplation of a separation or after the parties have separated. It must be signed and acknowledged by the parties (by a notary). It should be entered into voluntarily and with knowledge of all relevant facts.

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Raleigh Divorce Lawyer

Wake Family Law Group

Schilawski O’Shaughnessy Grace King & Mauney, PLLC

4350 Lassiter at North Hills Ave, Suite 360
Raleigh, North Carolina 27609

(919) 787-4040
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Co-Parenting Guide: Tips & Fundamentals for Healthy Communication After Divorce

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At OurFamilyWizard, we understand the many challenges of parenting after divorce or separation, so we built this guide to provide useful tips that can help you be more successful in your co-parenting.

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Wishing a very happy birthday to WFLG founding partner and managing partner, Helen O'Shaughnessy!You can read more about Helen at:https://wakefamilylawgroup.com/family-law-divorce-attorneys/helen-m-oshaughnessy/ ... See MoreSee Less

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“First African Americans on the North Carolina Bench” Exhibit Comes to Wake County Justice Center Again | North Carolina Judicial Branch

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The exhibit features a timeline of the lives and achievements of each judge and justice from 1968-2006.

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As many of our hearings are remote via WebEx these days, we could not stop laughing about this Texas remote hearing fail--the cat lawyer!!!😸😸😸#wflg#northhillsdivorce#playhardplayfairplaytowin“A lawyer using Zoom had to let a judge know that he wasn’t a cat after inadvertently activating a face filter https://t.co/vChc14mjM1” ... See MoreSee Less

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“Children thrive off predictability and routine, it is how they feel safe. When their parents are going through a divorce, it can make them fearful about what the future holds. Who will they live with? Is it their fault? These are some of the questions they may be asking themselves in the middle of the night.”#wflg#northhillsdivorce#playhardplayfairplaytowin#parenting#custody ... See MoreSee Less

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Divorce is hard on the whole family, including kids. If your child is experiencing sleep issues during your divorce, here are some tips to address it.

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Happy birthday Jess Mumford! Jess is the friendly voice you hear when you call the office. She manages our conference room suite and keeps us all organized, in addition to being a compassionate and kind ear for our clients. Wishing you a day as special as you are, Jess! ... See MoreSee Less

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Special guest in the office today. 🐾🦴 Meet Poppy Beard, newest WFLG family member. Poppy’s mom is board-certified family law specialist Rachel Beard#frenchbulldog#wflg#northhillsdivorce#playhardplayfairplaytowin#nclawspecialists ... See MoreSee Less

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Great tips on conflict resolution. #wflg#nclawspecialists#northhillsdivorce#playhardplayfairplaytowinHave you ever reflected on an argument you had with your partner and just thought, “We do not get each other”? Or maybe you find yourself wondering, “Why does this matter so much to them? Why can’t they see it from my perspective?” Or even, “Why does this matter so much to me?”The latest release from the Gottman Relationship Coach, Dealing with Conflict, is here to help you uncover the answers to those questions and more.Every individual is unique, which means every relationship is an equally singular combination of dreams, opinions, viewpoints, and proclivities. Dive deep into the inner world of your relationship and gain an understanding of each other to ease communication and conflict—only on our new Gottman Connect platform. Purchase the Gottman Relationship Coach: Dealing with Conflict today and work toward “getting” each other, even in conflict: http://bit.ly/3iaoR1K ... See MoreSee Less

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