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Legal Separation in North Carolina


Falling in love is like a dream come true. Little do we know that the same person we fell in love with can cause us pain. Once shared in the marriage, the happiness can turn into range, and attachments may turn to hatred for your spouse. When a marriage gets to this point, all you want is to get separated because you cannot bear to live under the same roof together.

When a couple is separated, loose ends are left that need attention. These issues are of great importance and revolve around child support, alimony, spousal support, and child custody. Due to the current social division amongst the couple, they cannot quickly agree on these issues. Legal separation steps in to help a couple resolve their problems. This is through the legal document of the agreement.

For most people, legal separation provides a couple with the best solutions apart from divorce. This follows religious or community beliefs. North Carolina understands the importance this process plays in a family on the verge of breaking. Due to the lengthy process, couples do not know how to go about this issue. This article aims to offer you guidance on the requirements, steps, and reasons why one should consider legal separation.

What is Legal Separation in North Carolina?


According to North Carolina law, a legal separation may not technically exist. Couples who wish to be separated from their spouse move out of the marital home. One party must be willing to be separated. This does not mean that you can get separated without the court's intervention. The couple can also be permanently separated if they are not successful in reconciling and do not wish to get a divorce.

The state requires this period to last for one year before the couple seeks a divorce. You may file for a non-default divorce or a faulty divorce. A no-fault divorce does not have to state the cause, while a lousy divorce is where you tell the reason(s) for the divorce.

How to file for Legal Separation in North Carolina


In North Carolina, filing for Legal Separation is similar to that of divorce. You have to get the paperwork ready and file it with the court. The next step is to serve the partner with the notice. Both parties need to agree on the separation. There are documents the court requires, including an agreement document. This document states how you decide to settle things during the separation period. Failure to present this document, the judge acts to resolve all issues.

Benefits of Legal Separation in North Carolina


There are benefits to being separated legally in North Carolina. To qualify for a legal separation, the couple must currently live in separate homes and intend to stay that way for one year. Legal Separation in North Carolina is a process that may take a toll on you following the long, tedious process. However, there are advantages you get out of the process that includes;

Disadvantages of Legal Separation in North Carolina


A legal separation will present disadvantages to the couple. The drawbacks to expect include:

Legal Separation vs. Divorce in North Carolina


Some couples are confident that they cannot continue living together. Some will have trouble determining the right direction between getting a divorce and legal separation. Here is a comparison of the two legal processes.

How long does legal separation take in North Carolina?


When people result in a legal separation, they must be separated for one year by law. Getting a legal separation will require a lot of procedures and a long process. Legal jurisdiction will take 4 to 6 months to get the verdict.

How much does it cost to file for Legal Separation in North Carolina?


When considering the cost of a legal separation, some factors affect the final cost. Prices will vary from one legal separation case to another. The cost range is between $26 and $2,600.

This cost can be affected by the attorney's fee. This will depend on the hourly rate, determined by their experience.

Child custody and support in North Carolina


Children are separated from their non-custodial parents when parents are going through a legal separation. Couples who have embraced a separation agreement before the legal separation have a say in child custody and support. If the couple cannot agree on the issue, the judge decides. The decision of the judge is based on the child's interest.

Non-custodial parents are accorded lawful visitations. Spending time with their children helps them continue connecting with their parents. Children also need support from non-custodial parents. The number of children will depend on how much is paid. Children who are eligible to receive support should be below 18 years, in school, or have disabilities. It is also determined for how long support is offered in cases involving disabled children.

Trial separation in North Carolina


A trial separation refers to appointing most couples, and one party leaves the marital home. For others, it is never reconciled, and they have to pursue a legal separation. A trial separation is based on the understanding and agreement of the couple. They agreed on support and custody, among other issues. The court has no legal obligation to this arrangement.

Do you need an attorney to file a city legal separation?


Legal separation can involve processes and requirements that are complex. A family attorney can offer help in guiding and directing you. There are special events when one may need an attorney:

What is the North Carolina separation agreement?


This is a document prepared by a couple with intentions to separate or has already separated. The document seeks to settle certain issues that emerge after a separation. The document should address issues of responsibility, overpayment of bills, retention of the marital home, issues pointing to the child as a custodial parent, and support. The document should also include problems that revolve around the division of property and joint accounts. The document is legally binding upon signing by the couple.

The couple, who cannot meet for any reason, can have the agreement prepared by the family attorney. They can negotiate some issues on your behalf and explain technicalities.

How to prepare North Carolina separation agreement?


Going through a legal separation involves a process that separates more than the couple's relationship. Therefore, this document should address all issues affected by the separation because the couple will no longer share a life. The problems that must be included in a separation agreement include:

If the separation agreement details are not honored, a lawsuit may be filed to sue your partner. The couple can also agree to adopt the separation agreement in their divorce.

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