A separation agreement can be helpful to parties who want to have their legal relationship following separation to be defined in an agreement that is legally enforceable. When husbands and wives are still living together but are planning to separate, it is important to have a valid written separation agreement in place to avoid one party claiming that the other has abandoned him or her. Separation agreement generally include matters such as whether one spouse will pay the other postseparation support or alimony or whether spousal support will be waived. A separation agreement may also include a property settlement agreement when the parties have property or debts that needs to be divided or distributed to one party or the other. A parenting agreement that outlines the parenting schedule for custody and visitation as well as establishes responsibility for child support should be executed contemporaneously with the separation agreement.
You are invited to inquire about separation agreements, property settlement agreements, and parenting agreements when you discuss your separation issues with Mr. Kelso. Separation agreements are generally much less expensive than going through court proceedings.
Contrary to popular belief, it is not necessary to have a separation agreement to obtain an absolute divorce in North Carolina. If you have already been separated for more than one year, it may be less expensive to move forward with an action for absolute divorce rather than going to the trouble of having your attorney prepare a separation agreement. It is necessary for parties to live separate and apart once they have a separation agreement. A resumption of the marital relationship will void all executory provisions of a separation agreement.
If you need a separation agreement, contact Mr. Kelso in advance of your appointment and obtain a Worksheet for Separation Agreement so that you will have all the necessary information at the time you meet with him.
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