If you are considering divorce, you are likely working through a complex range of emotions and practical considerations that could affect your future. At this time, you may not be completely ready to move ahead with a divorce, but you may also not wish to continue living with your spouse at this time. While you could simply move out, there are things you can do that will allow you to protect your interests during your time of separation.
During a separation, there are important issues to consider in addition to simply finding a separate place to live. You will benefit from creating a formal separation agreement, a document that outlines the terms of your separation period. You may not see the need for this step, but it can provide protection in the event of a dispute. In many cases, a separation agreement can be the foundation for a reasonable divorce order in the future.
The details of your separation agreement
Legal separation refers to a court-approved plan that defines the rights and responsibilities of each party. During the time of separation, you will remain legally married, but you will have the security of knowing that the other party will not be able to act unfairly, compromise your financial security or keep you from having access to your kids. A legal separation agreement can address virtually any matter you would address in your divorce order, including:
- Child custody and visitation
- Spousal support and child support
- Property division and division of marital debt
A separation may be the most beneficial choice if you are not ready to move forward with your divorce. This agreement protects your North Carolina property rights and ensures the protection of your parental rights. Whether you decide to move forward with divorce in the future or reconcile with your spouse, it is in your interests to have the peace of mind that comes with having a formal agreement.
Your separation periods
If you are considering legal separation, you will not want to delay in learning how you can create a beneficial agreement that will protect your rights and interests. Like a divorce order, you have the ability to create a document that is uniquely suited to your family’s needs and interests. An assessment of your individual situation will help you understand how to move forward with your separation.
