While it is sometimes possible to address the unexpected circumstances that arise in marriage and move forward, that is not always the case. When divorce enters the picture, many couples explore the option of a legal separation to either provide them time to work on issues within the marriage or as a precursor to divorce. Whatever the reason for considering a separation agreement, a Raleigh separation agreements lawyer could be an important part of exploring your options when it comes to separation agreements.
There is a great deal on the line when it comes to separations and working with a practiced attorney may help the process seem less intimidating. Often a successful relationship with a caring separation agreements lawyer starts with understanding some basic aspects of a separation agreement.
While each separation agreement is unique, they often share some common elements. Generally, these agreements will address the same issues a divorce settlement might address. For instance, a separation agreement will detail how a marital residence will be handled. It will specify which spouse, if any, will remain in the marital home in question and what will be done with the proceeds from any sale of such home.
Additionally, separation agreements will allow couples to divide other property and assets. Personal property plays a big role in this aspect and separation agreements are expected to detail exactly how personal property will be handled. However, it is important to remember that dividing financial assets also means dividing financial liabilities like credit card debt.
Spousal support obligations can also factor into a separation agreement. Couples may agree to terms regarding spousal support obligations, if any, or can ask a court to intervene and do so if an agreement cannot be reached. North Carolina has specific ways to interpret the spousal support provisions in a separation agreement. Speaking with a Raleigh separation agreements lawyer will allow you to determine the best way to formalize your spousal support provisions.
As legal separation involves separate homes, any minor children from the marriage will be impacted by the separation agreement. Therefore, the agreement will need to specify important terms related to custody and child support.
It is extremely important to remember that such agreements cannot negate any legal obligations one or both parents may have. Child support amounts are generally determined by a preset formula and child custody arrangements must demonstrate to a court that the child’s best interests are being met.
Generally, courts will assume that arrangements presented to them by parents who have agreed on custody terms meet the child’s best interests, unless they are provided with evidence to the contrary.
There are many intricate details involved in negotiating and implementing a separation agreement. The separation agreement process can be long and complex, especially when children or intricate financial aspects are involved in the process. You have important rights that you need to understand and advocate for along the way, and a well-versed Raleigh separation agreements lawyer could help you do that.
You do not have to face the process involved in creating a separation agreement alone. If you have questions or concerns about how a separation agreement might impact you and your family, contact a dedicated separation agreements attorney to see how they can help you explore your options.