North Carolina family law has no formal recognition of legally separated couples. If you and your spouse would like to separate but not divorce, however, you do have options. A separation agreement is an important step in protecting your interests.
At Miller & Illikainen, our Fayetteville divorce attorneys can help you draft a separation agreement that essentially functions like a divorce order.
How Do These Agreements Work?
When you and your spouse sign a separation agreement in North Carolina, legally it is viewed the same as any other type of contract. Like a divorce order, a separation agreement can be used to determine:
- Child custody and support
- The division of marital property
- Spousal support
If you or your ex-spouse violates the terms of your divorce, a judge can find you in contempt of court. Failure to abide by the terms of the separation agreement, however, could leave you open to a breach of contract lawsuit, which can mean monetary penalties.
Is A Separation Agreement Right For You?
There is no easy answer to that question. Our lawyers, however, can provide you with the informed legal advice you and your spouse need to make the right choices for your unique needs.
If you choose to seek a separation agreement, it is important that both you and your spouse obtain legal representation. While it may seem easy to negotiate a contract on your own, you could unknowingly sign an agreement that harms you financially or gives away your parental rights. Our lawyers can guide you through the entire process, making sure any agreement protects your legal rights and best interests.
To learn more about separation agreements, you can contact Miller & Illikainen to schedule an initial consultation. We can find a solution that works for you.