If you and your spouse are not applying for separation together, you must have your spouse served as soon as you have applied for legal separation. As with a divorce, your spouse has a certain period of time (usually 30 days) to respond to your request for legal separation. Legal separation is different from physical separation. Legal separation decides on the amount of family allowances or maintenance to be paid. If you want to make sure you are entitled to a specific property, such as your motorcycle or car, indicate this in your separation agreement. ”Post-separation assistance” is a temporary form of spousal support paid by a assisting spouse to a dependent spouse who needs assistance after separation but before divorce. What are the requirements for a separation agreement to be valid? In North Carolina, ”matrimonial property” can be divided between the parties, while ”separate property” is not divided. In general, property or debts that one of the spouses had before the marriage is ”separate property” from that spouse and is not divided. However, a spouse may be entitled to an asset based on active value increases during the marriage.
Property and debts acquired during marriage are generally classified as ”matrimonial property” (exceptions include inheritances and gifts that one of you received from a third party during the marriage). A third category, called ”divisible property”, applies to property obtained between separation and divorce. Divisible property may be divided between the parties depending on the circumstances. It is important to think carefully about the terms of your separation agreement. If you later decide to divorce, the terms of your separation agreement may become the terms of your divorce. Do NOT accept anything in a legal separation agreement that you would not accept if you had to negotiate a divorce agreement. If your spouse does not accept the provision set out in the application, he or she has the right to file a counter-petition. If this has happened and you are unable to agree on mediation or collaborative law, you will need to go before a judge to clarify the issues on which you could not agree. In some cases, legal separation can be just as complicated as getting a divorce.
A separation agreement is a private contract between spouses who are separated or who plan to separate very soon. A separation agreement contains agreed terms that deal with various issues related to separation, for example. B which spouse is responsible for certain bills, whether a person will continue to live in the matrimonial home or where the children will live. A typical separation agreement includes the details of separation, division of property, spousal support and, if there are children, custody and child support. issues such as custody, visitation and alimony, the spouse who remains in the matrimonial home, who is responsible for paying the mortgage and other costs associated with the house during the period of separation, the closure of joint accounts, the allocation of marital debts, the transfer of title to personal property such as cars and boats in the name of either spouse, (depending on who remains in possession of the property), spousal support and health insurance are covered by a separate maintenance and support order. Can a separation agreement include decisions about custody and child support? No. As long as you are entitled to a divorce, your spouse does not have to accept the divorce. If you`re filing for divorce, your spouse doesn`t need to fill out or sign any documents, file anything with the court, or go to court for a divorce hearing. However, your spouse must receive appropriate legal advice on the divorce case you are filing.
The above points are just points that you should consider. For legal advice, contact a family law lawyer in your area who is familiar with legal separation. Back to top According to the law, an equal division of matrimonial property is preferable, but if one of the spouses requests an unequal division and the judge determines that an unequal distribution would be fair, the court may give one party more property or debts than the other. Judges consider many factors when deciding on the distribution of property. These factors include the income, property and debt of both parties; the age and health of the parties; the duration of the marriage; the contributions of each party to the profitability of the other; tax implications; and much more. Marital misconduct is not a fair distribution factor, except in cases of financial misconduct after separation. You can see the full list of factors here. .