Charlotte Separation Attorneys
Drafting Separation Agreements for Charlotte Residents
In North Carolina, both spouses must live separate and apart for a full year in order to qualify for a divorce. The parties are deemed “separated” once both live in two different residences, and at least one party does not intend to resume joint living arrangements. The law does not require a separation agreement; however, it can be beneficial in family law cases.
A separation agreement is essentially a contract between the parties, and is formed with the assistance of an attorney. The separation agreement can help layout the division of certain assets, debts, property, child custody, and support post-separation. A separation agreement is different from a court order, but can be incorporated into the divorce order, once the requirements for that have been established.
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What Is a Separation Agreement?
A separation agreement is a notarized, legal contract between two parties used to resolve issues when preparing for separation or divorce. This document also states that both parties will live apart during a certain time frame prior to filing for a divorce. The separation agreement will clearly state and resolve any issues, including but not limited to:
- Financial debt
- Child custody & visitation
- Division of property & assets
- Child support
- Spousal support
- Any other additional issues that need to be addressed
In many states, it is a requirement that a separation agreement be signed and notarized for one year prior to filing for divorce.
A separation agreement may be submitted to the court prior to the divorce proceedings or can be given to the judge during the final divorce judgment.
What Terms Should Be Included in a Separation Agreement?
The terms of such agreements vary, depending on the needs of the couple involved, but the following items should be included:
- Custody of the child(ren)
- Visitation schedule
- Spousal support
- Child support
- Each spouse’s living situation
- Property and debt division
- Insurance
- Child(ren)’s expenses
- Income taxes
Why Obtain a Separation Agreement?
A separation agreement is well suited for three (although there can be more) reasons:
1. A married couple has decided to separate but is not ready to divorce. Under this agreement, the couple agrees to continue their marriage but live temporarily apart.
2. A married couple has decided to divorce and knows how they would like to divide their assets, debts, and other responsibilities. Instead of relying on the court to decide what each spouse will be responsible for, a couple can create a separation agreement.
3. A married couple would like to live separately long-term but maintain their legal relationship status as married. This might be an option for a couple if they cannot afford to get divorced or are not ready to go through with the process just yet.
What Are the Benefits Of A Separation Agreement?
Your separation agreement, once signed and notarized, becomes a legal document that will be upheld by the court. Having a separation agreement can provide you with distinct advantages throughout your separation and beyond. These include:
- Flexibility – While your separation agreement is a contract, which means that the court can enforce the terms therein once you’ve both signed off on it, you have the flexibility within your separation period to work on the terms and to find a middle ground that you are both comfortable with. If you’re unable to do so, then you can look to the court to hand down decisions during the divorce process.
- Privacy – You and your spouse – and your respective attorneys – can negotiate your separation terms privately, and the information therein will remain private. If your divorce goes to litigation, however, your divorce proceeding will be a matter of public record. Many people find the privacy of a separation agreement highly motivating.
- Less Time and Money – If you and your divorcing spouse are able to find mutually acceptable terms that you are both willing to sign off on, you can bypass the financial drain and extended timeline that litigating a divorce demands.
The Difference Between Separation & Divorce
The difference between separation and divorce has to do with your legal martial status. Separation happens when a couple is still legally married but no longer involved in a martial relationship and living together. This couple can choose to reconcile, remain separated, or file for a divorce.
Divorce happens after a couple receives a final divorce judgment from a judge. Once this happens, the couple is no longer legally married.
Contact Our Charlotte Separation Attorney Today
Separation agreements allow both parties to agree on family matters before a separation or divorce. It is important to keep an open mind while working through a separation agreement. If you believe you are ready to take the step towards pursuing one, please contact our separation attorney in Charlotte today for a confidential consultation. We will take you through the separation agreement process and discuss your options with you.
Reach out onlineor call our Charlotte separation lawyers at (704) 286-0570for more information about our separation agreement services.
Our Promise To Our Clients
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With 7 offices across North Carolina & South Carolina, we make it easier for families to find quality legal counsel.
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With the complexities of family law, we put the well-being and safety of your children at the forefront of your case.
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When you work with Blood Law, PLLC, you work with our entire team. Everyone is here to support you through each step.
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We create personalized plans for each client while setting realistic expectations on the possible outcomes of the case.
Our Clients Tell Their Stories
These Stories Are What Keep Us Going
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Blood Law, PLLC provided excellent service, demonstrating professionalism and personal attention to detail in preparing a separation agreement. They guided me through the process and answered all questions quickly. Highly recommend!- Debra K.
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Wonderful boutique law firm! Great service along with great communication. I’m extremely grateful for Anna's help in my time of need.- Olivia L.
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I owe so much gratitude to Blood Law, PLLC for their assistance in my divorce. They are very knowledgeable about the law, local courts, and judges. I'm excited they opened an office in Charlotte, closer to Mecklenburg County! Definitely contact Blood Law if you need a caring, dedicated attorney.- Penny N.
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Blood Law welcomes each client and prospective client with warmth and great understanding. From the first interaction to the last, you will be in great hands the entire way. They keep you informed throughout the entire process, and lead with experience. The staff at Blood Law will exceed your expectations!- Former Client
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Anna Blood and her team and phenomenal. They fought for me and my children in and outside of the courtroom. I would highly recommend Blood Law for your any family law issues!!- Liz D.
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Blood Law, PLLC is extremely trustworthy and understanding, perfect for any family law situation you may encounter. Their team is attentive and focused on quick and easy resolutions and doesn’t drag things out just to make more money.- Sean F.
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Blood Law, PLLC is a joy to work with! Extremely talented, down to earth, and understanding, they provide the best professional guidance and protect your legal interests.- Jennifer W.
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Anna really helped me out during a situation that wasn't necessarily easy to get through. A phenomenal, understanding and dedicated attorney, but yet an even better person. I would truly recommend her to anyone that has to deal with any situation similar dealing with family law to mine!- Former Client
Meet Our Team
Over 125 Years of Combined Experience
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Anna N. Blood Founder and Managing Attorney
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Olivia Lowery Senior Attorney
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Alicen Rodolph Senior Attorney
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Genesis Gonzales Associate Attorney
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Trey Schopen Associate Attorney
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Brittney Slade Associate Attorney
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Liz Whitaker Paralegal
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Jehan Al Rifaie Paralegal
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