Separation
Getting started and planning ahead
There are several factors you should consider before you
decide to separate from your spouse: where will you live?
where will your children live? how will you support yourself?
how will you or your spouse support the children?
It can be in your best interest to plan a budget and collect
copies of important paperwork, including pay stubs, recent
bills, information about your investments, bank account
statements, details about real estate and personal property, etc.
What qualifies as living separate and apart?
Generally, someone will have to move out of the marital home
in order for you to be considered living separate and apart.
You both must continue to live separate and apart for one year.
Some people are concerned that moving out may be
considered abandonment. Marie Mobley can help prevent the
transition to living separate and apart from being considered
abandonment. Some people have spouses that refuse to move
out or separate. If you have that situation, Marie Mobley can
advise you about obtaining a Divorce from Bed and Board to
accomplish the Separation.
What about "separation papers"?
No paperwork is required for you to separate from your
spouse. However, since you can't file for divorce in North
Carolina without living separate and apart from your spouse for
at least one year (unless you are seeking a divorce on the
grounds of incurable insanity), the period of time between
separation and filing for divorce is often a good time to address
issues such as child custody and support, spousal support or
alimony, and equitable distribution. Marie Mobley can help
protect your rights and prepare and negotiate a separation
agreement (a.k.a. "separation papers") that address these and
other issues.
Be careful about drafting your own agreement or using store
bought separation agreements. By drafting the paperwork
yourself and proceeding without the advice of an attorney, you
may waive and lose important rights. Store-bought agreements
are often prepared by out of state companies and are not
tailored to North Carolina law. Therefore, the agreements can
be set aside or ruled unenforceable by a court simply because
they are not valid in North Carolina.
A carefully drafted separation agreement can resolve all legal
issues associated with the dissolution of a marriage and can be
enforced by a court.
If an agreement doesn't work?
Sometimes it is necessary to file a lawsuit seeking Child
Custody, Child Support, Spousal Support or Alimony, and
Equitable Distribution. If a lawsuit is necessary, Marie Mobley
will counsel you about your options and guide you through the
various processes required for domestic lawsuits North
Carolina.
If your spouse's attorney drafts an agreement?
Your spouse's attorney has an ethical obligation to represent
your spouse and look out for his or her interest. Naturally, you
can see why it would be important to have your own attorney
looking out for your interests. If your spouse or spouse's
attorney presents you with a separation agreement, make an
appointment with Marie Mobley so that she can discuss your
options with you and, if retained, represent your interests.
To schedule an appointment with Marie Mobley, click here.
