At Waple & Houk, PLLC our Denver family law attorneys know that dealing with profoundly personal matters, like separating from a spouse or considering divorce, consumes every aspect of your life until you have a plan, support, and solutions.
While the first step may be deciding to move on and relying on friends and family to help you, partnering with our Lincoln County family lawyer can provide the legal stability you need to seek real solutions for your unique family dynamics.
We understand that no two North Carolina families are the same, so we assess each case based on the human beings behind the marital issues. Whether you have been married for two years or 30, have no kids or adult children, we will customize your legal strategy to reflect your current and future goals so your family law matter’s outcome aligns with the law and your vision.
Waple & Houk, PLLC Denver, North Carolina Family Law Attorney Practice Areas
At Waple & Houk, PLLC, our skilled family lawyers in Denver represent clients throughout North Carolina, so they understand their legal rights and options from the start of their cases.
Our experienced family law attorneys in Denver represent clients in the following legal matters:
- Adoption
- Alimony
- Child Custody
- Child Support
- Contested Divorce
- Divorce
- LGBTQ+ Family Law
- Property Division
- Uncontested Divorce
Contact our skilled family lawyers in Denver today to learn how we can help you make informed decisions about your current circumstances and future needs.
Are There Advantages to Choosing Separation Over Divorce in North Carolina?
In North Carolina, parties must be separated for one full year before they can file an action for absolute divorce. Spouses are considered legally separated when they begin to live separately and when one party is committed to the arrangement — and impending divorce — being permanent.
If neither spouse is committed to pursuing a divorce, living separately can give them time to reflect on their marriage and make informed decisions about their future. It allows for a cooling-off period and may offer a chance for reconciliation. This is a deeply personal decision that cannot be defined by law.
However, if spouses choose to reconcile and divorce later, they must restart the one-year waiting period, where they live separately again before the clock starts ticking.
In addition, if spouses enter into a legal separation agreement, including details for alimony, child custody, and child support, signed and notarized by both partners, it becomes legally binding. If either party fails to comply with the contract terms, the court can intervene on the other spouse’s behalf.
Can Separation Agreements Transfer Over to a Divorce Agreement?
A separation agreement is a legal document that outlines the terms and conditions agreed upon by spouses during a period of separation. These agreements typically cover property division, spousal support, child custody, and child support.
When the spouses decide to proceed with a divorce after a period of separation, the terms established in the separation agreement can be incorporated into the divorce agreement. This can streamline the divorce process and provide a framework for the final divorce decree.
The court must still review and approve the overall divorce settlement. The court will ensure the agreement is fair and reasonable, especially regarding child custody and support.
What Happens if Divorcing Spouses Do Not Have a Separation Agreement in Place?
A separation agreement is a voluntary agreement between the spouses. Both parties must willingly agree to the terms outlined in the contract.
While a separation agreement is not a legal requirement for divorce in North Carolina, having one can simplify the divorce process and clarify important issues. Spouses without a separation agreement may need to rely more heavily on the court to make decisions, which can be less predictable and potentially lead to more contentious proceedings.
Contact Our Skilled Family Law Attorneys in Denver, North Carolina Today
If you have questions about separation, divorce, and all the details necessary to get you from deciding to make a change to finalizing the legal documents so you can move forward confidently, contact our Denver family lawyers today at (704) 954-8697 or online.
