Divorce attorney in North Carolina. A separation is defined as when a husband and wife live apart in separate residences and at least one spouse intends to stay permanently separated. A divorce action cannot be filed until the husband and wife have been continuously separated for one full year. However, parties are not required to wait a full year before resolving their marital issues. They may enter into a separation agreement or they can file a court proceeding. A separation agreement is a private, written, legally binding contract that highlights each spouse’s rights and allows them to settle issues. A court order is enforceable by the contempt powers of the court. A separation agreement or a court order is typically suggested if you need financial assistance from your spouse, have marital property including debt, or if you have children.

In a separation agreement, both parties will discuss and resolve issues including, but not limited to: property and debt division, alimony, child custody, child support, and child visitation. A separation agreement must involve the agreement of both spouses. If an agreement cannot be reached, the issues will be resolved within a court action. Contact McSpadden Law today to schedule a consultation regarding your family law matter.