Separation Agreements Lawyer North Carolina

Over 100 Combined Years of Experience Serving Clients Throughout the Triangle

When And Why Separation Agreements Make Sense

Separation agreements are contracts regarding typical divorce issues like custody, child support, equitable distribution and alimony. Couples can generally contract to anything as long as it is not illegal. Parties cannot contract to be divorced. Only a court can enter a divorce judgment.

Separation agreements must be in writing and signed by both parties before a notary (not necessarily the same notary) to be enforceable. However, separation agreements are not court orders, and their enforcement and modification options are governed generally by contract law.

At Ellis Family Law, P.L.L.C., our family law attorneys have more than 100 combined years of experience serving clients throughout the Triangle area from our offices in Durham, Raleigh, Cary, Pittsboro and Wake Forest.

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When An Agreement Is Signed

Separation agreements are signed when the parties are going to separate or have already separated, but before they receive their absolute divorce judgment.

Keep in mind that any custody agreement can always be modified by a court if the court finds the same not to be in the best interest of the minor child. But support and property division provisions are generally not modifiable by the court, though they may be modified with the consent of both parties, as long as the modification is in writing, and signed by both parties before a notary.

Benefits Of A Separation Agreement

Control

Because separation agreements are contracts, no one can force either you or your spouse to sign it. You maintain some control as to the end result of your disputes rather than submitting your issues to a judge.

Privacy

The negotiations and resulting contract are private. You do not have to disclose the contents to anyone. When you participate in litigation, all court proceedings are open to the public.

Time & Cost Savings

If both parties have an understanding of how they want their issues resolved, this is an efficient process. Even agreeing on a few matters will save time in the litigation process.

Important Factors To Keep In Mind

Once you sign a separation agreement, it is difficult if not impossible to modify it. That is why seeking appropriate counsel and having an attorney draft the agreement is of the utmost importance. Before you sign ANYTHING, take the agreement to a lawyer to go over what the draft agreement means to you.

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.
Also, in the event you have an affair with someone while you are married, your spouse can sue your partner for “criminal conversation” — a legal term for a third party having sex with someone else’s spouse.

Frequently Asked Questions about Prenuptial Agreements

Do I need a separation agreement in North Carolina?

While you do not need to have a separation agreement in NC, it is encouraged for many reasons. First, it memorializes the date of separation. Second, it can include terms of resolution for any claims from the marriage without the need for future litigation. Third, it allows the parties to have an enforceable roadmap for the terms of marital and custody claims resolution before the actual separation occurs.

What issues can be included in a separation agreement?

Separation Agreements can resolve issues of custody, child support, equitable distribution, spousal support and any tort claims that may have arisen from the marriage. While these agreements are highly favored in NC, custody provisions are difficult at best to enforce. Thus, we encourage filing a “friendly” custody lawsuit to have an enforceable custody document for the future.

Why choose Ellis Family Law in Durham to draft your separation agreement?

At Ellis Family Law we focus on the whole picture, not just the here and now. We make sure to pair each client with the best fit for them so that the process is as comfortable as possible. With multiple specialists with over 100 years combined experience throughout the Triangle, you can rest assured your case is being handled with the expertise it deserves.

Do we have to go to court to create a separation agreement?

No, separation agreements are private contracts that are negotiated and executed outside of court. They also do not need to be approved by a judge or filed.

Can a separation agreement be changed later?

The terms of a separation agreement typically cannot be changed later unless both parties agree in writing before a notary.

Hear From Our Clients

“Shannon Tucker was incredibly connected, knowledgeable, professional, and experienced. She had a strong understanding of the parties involved and the circumstances surrounding my case, which made a difficult situation much easier to navigate. She helped me tremendously in responding to allegations I disputed, and I felt well represented throughout the process. I’m very grateful for her guidance and would highly recommend her. Hopefully I don’t need her again, but would absolutely go back to her if I needed to.”

Shannon Tucker

Jolie is an exceptional attorney who made it her mission to ensure that I had quick correspondence when it was absolutely needed. Jolie and her team answered any in all...

Jolie is an exceptional attorney who made it her mission to ensure that I had quick correspondence when it was absolutely needed. Jolie and her team answered any in all questions I had and worked with me, taking into consideration the best interest of my family and situation. I cannot say enough good things about how Jolie handled my case, her knowledge, expeditious review of my case, and the amazing work she did. Jolie gave me peace of mind, truly working to understand my case. It is clearly evident how much Jolie cares about her clients.

Shane Davekos

My lawyer Shannon Tucker was absolutely amazing and won me my case.

...

My lawyer Shannon Tucker was absolutely amazing and won me my case.

Joseph Williford

Kathleen has done an AMAZING job. In an otherwise terrible situation, Kathleen has kept things moving forward and has been an amazing attorney! She is excellent at keeping up communication,...

Kathleen has done an AMAZING job. In an otherwise terrible situation, Kathleen has kept things moving forward and has been an amazing attorney! She is excellent at keeping up communication, and is a bulldog in the courtroom. I highly recommend Kathleen, she has made an otherwise bad situation very manageable.

David Kimball

Emma and Sarah were absolutely wonderful to work with during the Separation Agreement process and then through the divorce process. They stayed in contact with me, and advised me as...

Emma and Sarah were absolutely wonderful to work with during the Separation Agreement process and then through the divorce process. They stayed in contact with me, and advised me as to the best actions to take. They also presented all of the options that I could take. I would highly recommend them.

Rebecca McPeak

My fiance and I worked with Jack T. for custody of his two kids over the last year-ish. He’s truly been heaven sent. He’s responsible, detail oriented, genuinely invested, remembers...

My fiance and I worked with Jack T. for custody of his two kids over the last year-ish. He’s truly been heaven sent. He’s responsible, detail oriented, genuinely invested, remembers conversations for months prior & genuinely will stand up for his clients! We worked with him at his old firm and through the transition also, and he didn’t miss a beat. Thankful for him & the outcome. Definitely recommend.

Olivia Conner

Related Practice Areas

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Divorce

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Resolutions Outside of Court

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Spousal Support

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Learn About Your Options For Resolving Disputes

For more information about legal separation, call in Durham, Raleigh, Cary, Pittsboro or Wake Forest, or complete our online contact form to schedule a meeting.

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