Charlotte Separation Attorneys

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 marital status. Separation happens when a couple is still legally married but no longer involved in a marital 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.