Wake Forest Legal Separation Attorney
It is important to note that while many states offer a true legal separation process, the state of North Carolina does not. If you want to be separate from your spouse in the state of NC, you are not legally required to have a separation agreement or any type of written document at all. That being said, it is virtually always to your benefit to have such an agreement in place to ensure all parties are protected, which is why a Wake Forest legal separation attorney can help.
You are required to live in separate residences—even if your intent is to be separated, and you basically live separately, you cannot live under the same roof. If you are separating with the goal of divorce, at least one of you must have the intent to be permanently separated for the court to consider the separation.
While the possibility of reconciliation is a major factor in separations, only about 9.2 percent of women in the U.S. reconciled following a separation. Factoring in both genders and all ages, about 13 percent of those who separate will reconcile. About 40 percent of separated spouses have attempted at least one reconciliation during the separation. The percentage of separations that end in divorce is relatively high, depending largely on the time spent apart.
About half of all those spouses who separate will end up getting divorced within one year. About 84 percent of those that have been separated for five years will end up divorced. This indicates that the longer a couple puts their relationship on “pause,” the lower the likelihood of a reconciliation. If you are considering a separation, it is important to speak to a Wake Forest legal separation attorney from Tolin & Tolin, PLLC to guide you through the separation process.
The Tolin & Tolin, PLLC can help guide you through the often-confusing aspects of a North Carolina separation. While you must be separated for a year and a day before you file for divorce, you will want some sort of agreement in place during that time to ensure you are financially provided for, especially if there are minor children in the home. At Tolin & Tolin, PLLC, we are caring, empathetic, and have an uncompromising dedication to the welfare of our clients.
We offer you unparalleled advocacy from start to finish as we help you navigate your North Carolina separation. We are very client-centric, offering the highest level of professional, yet personalized attention to you, your family, and your issue. Jay Tolin and his legal team treat others the way they would want to be treated. Jay holds the traditional values of honesty, hard work, and treating every client equally dear, never taking the easy way out, rather presenting options, recommendations, and advice.
What Are Some Reasons People Separate?
In the state of North Carolina, those who want a divorce must live separately, so, of course, that is one of the reasons married couples live separately. In other situations, a couple may not want to live together but may need benefits garnered through their spouse, like health insurance through the spouse’s workplace. Some couples separate for religious reasons, while others separate in the hopes of eventual reconciliation. Some couples cannot live together, but they do not want to divorce for the sake of the children, preferring to remain close co-parents while living in separate residences. If divorce is the goal, the separation must be done with at least one party fairly certain a divorce will occur.
Can I Have a Private Separation Agreement Draw Up?
You can have a private separation agreement drawn up that includes agreed-upon terms for dealing with issues related to separation and divorce. You may have your Tolin & Tolin, PLLC attorney draft a separation agreement uniquely tailored to the needs of you and your family. The agreement must be in writing, must be signed by both parties, and both signatures must be notarized in order to be a valid agreement. Since a North Carolina divorce requires that you live separately for a year and a day, it makes sense to separate and have your Wake Forest separation attorney prepare a separation agreement for the interval.
What is a Divorce from Bed and Board?
North Carolina also has what is called a “Divorce from Bed and Board,” which is a court-ordered separation, rather than a divorce. A DBB order is available only under limited circumstances. The spouse requesting the order must be able to prove serious fault, like adultery or drug abuse. With a DBB, you can file to ask the court to resolve issues such as property division and post-separation support but must still wait one year and one day to file for an “absolute” divorce.
How Do You File for Separation in the State of North Carolina?
You will be considered legally separated in North Carolina once you and your spouse move into separate residences. During this separation period, you and your spouse may enter into a variety of agreements. You can have agreements drawn up by your attorney that cover child support and child custody, spousal support, and even asset division. If you are separating with the intent to divorce, once your year and one day are up, there is no law that requires you to move forward with a divorce—essentially, you could remain living separately virtually indefinitely. Likewise, one spouse may not prevent the other from seeking divorce after the period of separation is over.
What Rights Do You Have When You are a Legally Separated Couple?
Since a separation agreement—unless ordered by the court—is a private contract, this contract can be submitted for approval by the presiding family court judge. Once the agreement is entered by the judge, it is known as a “Consent Court Order.” Usually, an agreement like this can be voided if the couple resumes their marital relationship, living under the same roof. These separation agreements must be carefully drafted to ensure all parties are fully covered during the separation period.
How a Wake Forest Legal Separation Attorney from Tolin & Tolin, PLLC Can Help
Choosing between separation and divorce in North Carolina can involve complex legal questions. Each situation is unique, and there are highly personal decisions to be made. The more informed your decision, the better your prospects for a favorable outcome. At Tolin & Tolin, PLLC, we serve Wake Forest residents as well as residents throughout Franklin, Person, and Granville Counties. Our legal team is responsive, really listening to what you have to say, and answering your questions fully, in an easy-to-understand manner.
We understand that in family law issues there may be no real “winners.” Our goal is to help you get your life and the lives of your children back on track, allowing you to move forward in the best way possible. While there are certainly bigger law firms, bigger does not necessarily mean better, older does not necessarily mean wiser, or more experienced, and louder does not necessarily mean more easily heard or understood. Contact Tolin & Tolin, PLLC today for help with your separation or any other family law issue. Every Client. Every Day. We Make a Difference by Delivering Exceptional Client Experience and Outstanding Results.