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Schilawski O’Shaughnessy Grace King & Mauney, PLLC

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You are here: Home / Divorce / How do Separation Agreements Work?

How do Separation Agreements Work?

May 28, 2020 by WFLG Attorney

“My spouse and I are going to separate.  We need to file separation agreement papers, right?”  WRONG!

There are many myths and misinformation floating around the internet about divorce in North Carolina.  The need to have a separation agreement or file some sort of “separation papers” is one of the more common questions that I hear from newly separated clients. There is no official document that needs to be signed or filed to be considered “officially separated.” You are considered separated under North Carolina law when you and your spouse reside in separate dwellings and at least one of you has the intention that the separation be permanent.

What’s Included in a Separation Agreement?

When parties split, their separation gives rise to many legal issues that need to be resolved.  Among those legal issues are equitable distribution (the division of marital property), alimony, custody, and child support.  Most parties try to resolve these issues through negotiation.  If they can reach a mutual agreement resolving these legal issues, they typically set out the terms of their settlement in a binding contract.  This contract is called a separation agreement.  So, many people have a separation agreement settling the legal issues that they face when they separate, but having a written agreement is not a requirement to be considered separated.

At Wake Family Law Group, we are here to assist you with the legal issues that arise when you and your spouse separate, including negotiating a separation agreement.  Schedule a consultation with one of our experienced attorneys today. For more information, visit www.wakefamilylawgroup.com.

By Nancy L. Grace

Filed Under: Divorce, Family Law

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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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Lucky #13!!!WFLG is thrilled to announce the 13th attorney has joined our team!Amy Brosnahan is a Raleigh native and recent graduate of Wake Forest University School of Law. She is a past volunteer with the Wake County Guardian ad Litem program and went to law school with the goal of practicing family law. Welcome to our work family, Amy! ... See MoreSee Less

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Learn more about annulment vs divorce situations and other North Carolina marriage laws with Wake Family Law Group.
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Congratulations to WFLG partners Mike Schilawski and Nancy Grace who have been included in the 2023 edition of The Best Lawyers in America in the practice area of Family Law. The Best Lawyers in America is a ranking publication that compiles lists of outstanding attorneys by conducting peer-review surveys. Congratulations! ... See MoreSee Less

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We are pleased to announce that Wake Family Law Group has promoted Rachel Beard and Melanie Phillips to the position of Partner. Their exceptional expertise in North Carolina family law and dedication to serving our clients has earned them this well-deserved recognition. We congratulate Rachel and Melanie on this milestone achievement and look forward to their continued contributions to our firm. Read more here: https://bit.ly/3CLICYt ... See MoreSee Less

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