Divorce and Separation Agreements
North Carolina Divorce and Separation Lawyer
Marriages sometimes do not work out as planned. It can be a confusing and emotional time. Call Ferguson Law Firm to schedule a consultation if you are considering separating or if you have already moved out and have begun the process.
In North Carolina, it is considered “separation” when the husband and wife live apart (in separate residences, not just in different rooms) and at least one spouse intends to stay separated. You are not required to file formal separation papers. However, it is a good idea to have a written document that will protect both of you. If you have children and/or property (including debt), you should have either a written separation agreement or a court order.
In a separation agreement, both parties are willing to discuss and resolve issues including, but not limited to: property and debt division, alimony, child custody, child support and visitation. It is highly recommended that each party have representation from a family law attorney to protect their interests.
If the spouses cannot agree on separation, a spouse may seek a “divorce from bed and board”, in which a judge orders one spouse to separate from the other spouse. Under North Carolina law, there must be “grounds” to seek a divorce from bed and board such as, abandonment, malicious turning a spouse out of the marital home, physical and/or verbal abuse, excessive use of alcohol or drugs, and adultery.
At Ferguson Law Firm, we will discuss your situation with you and help you to consider any issues associated with your separation and advise you of your rights and options. Call 704-867-2828 to schedule a consultation regarding your family law matter.