I meet with a lot of clients interested in separation agreements. Many people are under the mistaken belief that a separation agreement is necessary to establish the date the parties separated to start the clock running on the one- year separation requirement to get a divorce (See the page on divorce for more on this). However, this is not the case. A separation agreement would be evidence of the date of separation if either party disputes the actual date, but is not required. However, a separation agreement can be a valuable and cost-effective method of resolving issues arising from the marriage. In a separation agreement, the parties can agree to virtually everything a court could do if the parties sued each other. The difference is that the cost is much lower, it takes less time, and you both know exactly what you are getting. By contrast, a lawsuit is much more expensive, can take much longer, and the outcome is left up to a judge. In a separation agreement, you and your spouse can agree on custody, child support, the education of your children, alimony, and property division. A separation agreement can also be incorporated into your divorce judgment just as if the judge had ordered the terms of the agreement in a lawsuit. But it is important to remember that a separation agreement is merely a contract. That means that in order to be valid, it must be signed by both parties, and under North Carolina law, separation agreementIs must be notarized. If your spouse does not agree to the terms, and refuses to sign it, it is useless. That is why it is important to discuss all of the issues with your spouse before paying an attorney to draft an agreement. Otherwise, you are paying for something that gets you nothing. But don't be discouraged. Frequently, parties will disagree on issues initially, but can later reach a compromise that is acceptable to both. So even if your initial proposed agreement is unacceptable to your spouse, it can be revised to suit both of you before you both sign it. If you and your spouse cannot reach an agreement, then your only option is to file a lawsuit and have the courts or your attorney's help resolve your differences. So what do I need to do? - A first step in determining whether a separation agreement will be helpful in your circumstances is to discuss the matter with an experienced family law attorney. I am Samuel S. Spagnola, here to serve you. I am an experienced Greensboro separation agreement attorney. I welcome the opportunity to answer your questions about separation agreements. If you and your spouse have discussed an agreement, write down all of the terms and issues that you agree on before speaking with an attorney. This will make it less likely that your agreement will need to be revised. If you have all of your terms written down, it is easier for me to advise you, and I can usually begin working on your agreement right away. Schedule your initial consultation today and I can direct you as to how to expedite a separation agreement as soon as you and your spouse are ready to negotiate in earnest. Get Advice on Legal Separation Now · Call Attorney Samuel S. Spagnola · Serving Guilford County and Nearby Communities I am Board Certified as a Specialist in family law by the North Carolina Board of Legal Specialization. I welcome the opportunity to advise you on ways to move forward efficiently once you have decided to separate from your spouse. I can recommend courses of action focusing on your long-term best interests in a North Carolina separation agreement and later, a divorce. Allow me to explain in person how I can help you plan for and proceed through your separation agreement with confidence that you are watching out for your financial future. Call The Spagnola Law Firm today or inquire online to schedule a consultation with an experienced lawyer handling separation agreements.

Separation Agreements and Related Issues

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