Our Charlotte Family Lawyers Draft, Negotiate, and Review Separation Agreements
At Waple & Houk, PLLC, our Charlotte separation agreement lawyers have the legal skills and professional expertise to protect your legal rights and your financial interests. Our family law team is committed to providing strength during challenging times. If you have any questions about a separation agreement, we are here to help. Contact us at our Charlotte law office today to set up a confidential consultation with one of our North Carolina family lawyers.
Understanding Legal Separation in North Carolina
For married couples who wish to split up, a divorce is not the only option—at least not in North Carolina. A legal separation is an alternative. Broadly explained, a legal separation is a formal separation whereby couples opt to live apart but decide to still technically remain married.
To obtain a legal separation in North Carolina, the spouses must be living apart from each other, and at least one of the spouses must intend for that split to be permanent. A separation agreement is not required by law, but it is highly recommended.
Why would a couple in Charlotte opt for a legal separation instead of a divorce? There are a number of different reasons. The couple may have a moral objection to divorce. Alternatively, the couple may want to start with an option that is easier to reverse if things change.
Note: You cannot get remarried if you have a legal separation.
What is a Separation Agreement?
In North Carolina, a separation agreement is a written document that outlines the rights and responsibilities of each spouse post-split. If you and your spouse are opting for a legal separation in Charlotte, it is absolutely essential that you have a comprehensive agreement. Along with other things, a separation agreement may address:
- Property Division: A separation agreement should clarify how your property and debts will be divided in the split. All key assets should be addressed as part of the agreement—including real estate (family home), vehicles, bank accounts, investment accounts, and personal property. Remember. The goal is to reach a fair distribution of assets that properly protect your financial interests.
- Financial Obligations: Your agreement should also outline financial responsibilities during the separation. Among other things, key issues may include who pays for ongoing expenses like mortgage, utilities, and credit card bills. Beyond that, the agreement might also cover alimony (spousal support) if one parent earns significantly more than the other.
- Child Custody/Visitation: For parents of young children in North Carolina, a legal separation agreement should address custody and visitation. Among other things, the agreement should detail physical custody and legal custody. As a general rule, it is best to have a comprehensive time-sharing schedule in place.
- Child Support: Finally, parents also need to consider child support. The agreement should specify the amount, frequency, and method of child support payments. Child support is designed to cover the children’s basic needs, including food, housing, education, and healthcare. The amount is usually based on state guidelines.
Your Agreement Should Be Drafted, Negotiated, and Reviewed By a Lawyer
The core goal of a separation agreement is to create a stable and forward-looking structure that both limits conflict between you and your spouse and effectively protects your rights. Do not go it alone. Your separation agreement should be drafted, negotiated, and reviewed by an experienced Charlotte, NC, family law attorney. Your lawyer can provide expert guidance that you can rely on. Legal representation is especially important for separating couples that have substantial assets, complex property, or shared children. Be proactive: Consult with a Charlotte, NC, legal separation lawyer as soon as possible.
How Our Charlotte Family Law Attorneys Can Help
Separation agreements are complex. If you and your spouse are working towards a separation agreement, it is crucial that the document is well-drafted and that it protects your rights and your interests. At Waple & Houk, PLLC, we provide proactive legal representation to clients. Among other things, our Charlotte separation agreement attorneys are ready to:
- Listen to what you have to say and answer family law questions;
- Represent you in legal separation negotiations with your spouse;
- Draft and review your legal separation agreement; and
- Take whatever action is needed to protect your rights and help you secure the best outcome.
Contact Our Charlotte Separation Agreement Lawyer Today
At Waple & Houk, PLLC, our Charlotte family law attorneys have the skills and experience to handle the full range of separation agreements, including the drafting, negotiation, and review of these agreements. Contact us today to set up a confidential initial consultation. From our Charlotte law office, we help people with separation agreements in Mecklenburg County and throughout the area.