If, at any time during their one-year separation period, the couple resumes conjugal relations, the legal requirements to file for divorce due to separation are not met. If the couple decides to have sex from time to time, this measure cannot be considered a resumption of conjugal relations under the N.C. General Statutes, § 52-10.2: North Carolina is quite unique in that it allows the parties to prevent issues of support, ownership and custody from going to court. In other states, these matters are usually subject to judicial approval at least at the time of divorce. As mentioned earlier, with the exception of absolute divorce, which must be conducted by a judge in that state, the four remaining issues in North Carolina between husband and wife can be settled privately once they have complied with the required separation period. If any of these issues are not resolved by a private agreement, these issues could be decided publicly by a judge if one of the spouses initiates and pursues a dispute. The term “legal separation” can mean different things depending on where you live. Some states, including North Carolina, do not recognize it as a formal legal status leading to a separation order. However, it is still a necessary aspect of the current state laws. While you can`t apply for separation, you usually can`t get a divorce without it. Lol Unlike other states, North Carolina only allows a divorce through no fault of your own, which requires at least one year of separation.
If you have life insurance, make sure you have documented this and how it is treated in the agreement during the period of separation and subsequent divorce. Whether spouses can move in or are forced to plead lawsuits, the independent nature of custody, alimony, and property issues in North Carolina can delay the final resolution of any issues arising from the separation. For example, custody in North Carolina can and could be resolved – by private agreement or in court – long before other issues have been resolved; Or the property may be divided during the period of separation, long before there are agreements regarding custody or alimony. You will certainly want to consider during the negotiation process whether it makes sense to try to deal with all the issues at once, rather than one by one, as North Carolina law allows. In terms of peace of mind, closure, and costs, it usually makes more sense to sort everything out at once and as quickly as possible in your individual situation. In North Carolina, “matrimonial property” can be divided between the parties, while “separate property” is not divided. In general, property or debts that each spouse had before marriage are “separate property” belonging to that spouse and are not divided. However, a spouse may have some right to assets based on active value increases during the marriage. Property and debts acquired during marriage are generally classified as “matrimonial property” (exceptions are inheritances and gifts that one of you received from a third party during the marriage). A third category, called “divisible property”, applies to property acquired between separation and divorce. Divisible property may be divided between the parties depending on the circumstances.
Separation agreements are documents that, once signed by both parties, are binding as contracts. It is always in your best interest to meet with a lawyer to discuss your rights and make sure you fully understand the separation documents before signing them. So it`s no wonder that many families feel overwhelmed by the added emotional wear and tear of manipulating court documents, including the arduous discovery process of exchanging written documents and answering written or oral questions, selecting and interviewing potential witnesses, and all the fear of a formal trial. Litigation is stressful enough when you don`t feel like the whole web of your life is collapsing in one fell swoop. If the idea of who you are and what the future will bring you is changed, sometimes radically changed, by separation and divorce, then a legal dispute is almost more than anyone can bear. Divorce – even without litigation – is already a huge emotional burden for any family. .