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The Practicalities of Reaching an Agreement

In Separation & Divorce by Elizabeth Stephenson

In fact, prolonged legal battles can be prohibitively expensive for both sides, especially if issues must be resolved at trial. Worse, constant fighting over children, property, and support can create a state of uncertain limbo that can tremendously impact your mental health and your children’s well being. This is why it benefits you to weigh the possibility of an agreement to settle as many issues as possible. You Can Move Forward  For practical purposes, separations involve a lot of decisions and a ton of work. There are practical matters, such as one or both spouses packing up to move, finding separate homes and paying for those new living arrangements, figuring out where the children will sleep and whether they have to change schools, and paying existing bills. A separation agreement …

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How Do I Enforce a Post-Separation Agreement?

In Separation & Divorce by Sarah Hink

In North Carolina, married couples who seek a divorce are required to live separate and apart for a full year before filing for divorce. This presents a slew of logistical problems as life keeps moving and there are many changes that happen during that year. A year is a very long time to live in a state of uncertainty. With this in mind, many couples opt to enter into a separation agreement to bridge the gap between when they separate and when permanent orders are entered or even longer. A separation agreement is a legally binding instrument that may address issues such as property division, living arrangements, spousal support, debt, expenses, child custody, and child support. If parties can reach this agreement, it can be an incredible relief for everyone …

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What to Consider When Negotiating a Post-Separation Agreement

In Separation & Divorce by Elizabeth Stephenson

When married couples decide to divorce in North Carolina, the law requires that couples first separate for a full year. Couples who enter this separation period unprepared and unaware learn the hard way that this year may seem like a VERY long time. This is because couples that are experiencing the raw emotion of ending their relationship must also make big decisions about children, property, and money. Separation agreements are legally binding contracts that spouses enter into when they choose to separate. These agreements address critical subjects, such as property division, spousal support, living arrangements, child custody, and child support. These are legally binding agreements, so long as they are signed and notarized by both parties and do not violate an existing law or public policy. We recommend considering a …

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What Could Void a Post-Separation Agreement?

In Separation & Divorce by Elizabeth Stephenson

When a couple separates with the intention of divorce in North Carolina, they must wait for an entire year before they can file for divorce. This year is a time of upheaval, as the couple must live in separate residences, figure out how the bills will continue to be paid, and figure out how child custody and visitation is going to work out. An important tool that many couples use to reduce the impact of this turbulent time is a post-separation agreement. These agreements are legally binding contracts between separated, but married couples that may address property division, living arrangements, expenses, post-separation support, child support, contact, child custody, visitation, and how conflicts are to be resolved. This contract is designed to reduce fighting, provide peace of mind, and facilitate stability …