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Get Help with a Separation Agreement if You’re Near Charlotte, NC

During the year-long separation period before North Carolina couples can file for an official divorce, we advise that you discuss the terms of your separation with your spouse and consider entering into a legal separation agreement. Separation agreements can determine the distribution of the couple’s assets as well as their debts. They may also outline issues of child custody and child support payments as well as post-separation support and alimony. Marcellino & Tyson is an award-winning law firm in Charlotte, NC offering separation legal advice to clients in the local area.

Understand What a Legal Separation Is

Many individuals may not understand the difference between divorce and legal separation. One of the biggest differences is marital status; in a divorce, your marriage is officially ended, while with legal separation, you and your partner are still considered married. In addition, you may still be entitled to certain benefits with a legal separation agreement.

To legally separate from your spouse in North Carolina, you don’t typically need to file any kind of paperwork. When spouses are living separately with no intention of continuing marital relations, they are considered separated. You may create a separation agreement while you are still living together. After a full year of separation, both parties are then eligible to file for an official divorce.

Separation agreements often provide faster, easier solutions to issues in a marriage separation. This is an emotional and stressful time for all involved parties and it can be helpful to resolve issues with minimal or no litigation when possible. Our ultimate goal is to help you and your spouse come to a separation agreement without the need for courtroom litigation. However, we can represent your interests in court during your divorce proceedings if litigation is necessary.

Learn More About Potential Challenges

During a legal separation, there are many concerns that may arise. These disputes include:

• Post-separation support payments: If one spouse is financially dependent on the other, they may be entitled to payments during the separation period. Separation agreements outline these payments when couples can agree on the terms. If an agreement is not an option, our attorneys can go to court on your behalf. A separation lawyer from Marcellino & Tyson can represent you effectively whether you are demanding support or denying it.
• Child support payments for minor children: A separation agreement can include the amount of child support due to a dependent parent. We can assist you in determining an appropriate amount and avoiding disputes.
• Right to continue living in the family home: Who, if anyone, will continue living in the family home (and/or making mortgage payments) during the separation period? This is a complex issue that arises at the beginning of a separation. Contact one of our experienced attorneys to get separation legal advice in regards to living arrangements.
• The handling of marital debts: If the couple acquired debt, a separation agreement should include each spouse’s responsibility to pay some or all of it.

Get Assistance from a Qualified Attorney

Every situation is absolutely unique and we’d have to meet with you and hear your story to provide specific separation legal advice. However, there are some things that we recommend to anyone going through a separation. Remember these tips:

• Think twice about moving out of your family home in a hurry
• Determine financial responsibilities before you separate
• Contact Marcellino & Tyson as soon as possible to learn of your options and rights

If you need help filing for legal separation in NC, then consider reaching out to us. We’re ready to provide assistance to clients throughout Charlotte, NC, and the surrounding areas.