Separation In North Carolina
We are frequently asked about a “legal separation”. In the State of North Carolina we do not have anything that is specifically called a legal separation where you file a paper and you are immediately legally separated, nor are you required to be separated to file for custody, support or a divorce from bed and board. There is no specific North Carolina law regarding separation. However, in North Carolina we are allowed to settle property division, spousal support, child custody and support by what is called a Separation and Property Settlement Agreement. This Agreement is what many people think of, when they are looking for legal separation papers in North Carolina. A divorce settlement agreement is often the most significant financial agreement a client will enter into in his or her lifetime. It is important that the client understand the ramifications and significance of that agreement, and, to that end, it is imperative that the client retain an attorney skilled and experienced in the practice of family law. A divorce settlement usually has two basic parts: property division and separation agreement.
Property Division — With some exception, all assets and debts accumulated during the marriage are marital. Once separated, you and your spouse must divide them between you. All property must be divided equitably. This doesn’t have to be a 50/50 division, but that’s a common solution.
Child Custody — Both legal custody and physical custody need to be determined. I also offer services in child custody modifications.
Alimony — Alimony is also called spousal support or spousal maintenance. Often, alimony is now considered temporary and intended to permit a non-working spouse to enter the work force or achieve a higher level of education. Of course, every case is different, and there are still cases in which permanent alimony is appropriate. I also assist in modifications to the divorce decree, including alimony.
Serving North Carolina clients for more than 50 years
Hatch, Little & Bunn, LLP has provided comprehensive legal services to individuals and businesses in Raleigh, Durham, Chapel Hill, Research Triangle Park, Wake County and throughout North Carolina from offices by the state capitol for over half a century. Our attorneys are licensed to practice before all North Carolina state and federal courts. Call (919) 899-9827 today, or contact us online to schedule a consultation with one of our attorneys about your concerns.