Durham-Chapel Hill-Raleigh Board Certified Legal Specialist in Family Law
Serving the Triangle Area
In North Carolina, a separation agreement provides a way for couples to amicably resolve issues such as child custody, child support, spousal support and marital property division without going through a court process. As one of only five practicing attorneys in Durham County to be Board Certified by the North Carolina Board of Legal Specialization as a family law specialist, and having more than 10 years of experience serving clients in Durham-Chapel Hill, Alyscia G. Ellis can explain how a separation agreement works and guide you through the process.
In a separation agreement, you and your spouse can agree to anything as long as it is not illegal. Both parties must sign the agreement before a notary for it to be valid.
When Separation Begins
Legal separation in North Carolina begins on the date a husband and wife move into separate residences with the intent to continue living apart from one another. Just prior to separation, the parties typically hire attorneys to draft a separation agreement outlining how property will be divided, how much alimony (if any) will be paid, how child custody and visitation will be arranged, and how much child support will be paid.
In effect, the separation agreement can resolve all marital dissolution issues except for the divorce itself. That can happen after the couple has lived apart for one year and one day.
Did You Know?
- A separation agreement does not bar certain claims your spouse can bring against third parties, such as an alienation of affection lawsuit. Alienation of affection refers to a valid marriage with some level of love and affection that was minimized and diminished due to the wrongful acts of a third party. In an alienation of affection suit, a sexual relationship between the spouse and the third party does not have to be proven.
- Also, and in the event you have an affair with someone while you are separated, your spouse can sue your partner for "criminal conversation." Criminal conversation is a legal term for a third party having sex with someone else's spouse.
- Some lawyers insert waivers in separation agreements in an attempt to bar third-party claims for alienation of affection and criminal conversation. However, North Carolina Court of Appeals have said that these waivers do not bar claims against third parties.
For more information about legal separation: Call Attorney Alyscia G. Ellis at 919-688-9400 or fill out the contact form on this site.
