Divorce – even without litigation – is already a heavy emotional burden for every family. Changes in family life during the separation process alone cause temporary adjustment problems for the most robust. Added to this is the uncertainty surrounding the allocation of family funds, which had once gone to an intact family unit and which now need to be extended to the needs of two households. · A separation agreement is not evidence of the separation of the parties. It is not necessary for a divorce in North Carolina, and it makes a divorce in North Carolina no easier or more difficult to obtain. Why does it matter? If it is a security claim and you are the spouse who needs the money and you had sex with a third party before the separation, then your support claims are excluded if this can be proven in court. If you are the spouse who would pay money to the other spouse, then this behaviour reinforces the other party`s demand. · A separation contract is a contract between a man and a woman when they separate. In this document, they address issues such as wealth distribution, debt, conservation and assistance. What happens if my spouse refuses to sign the separation contract? There is no law that requires a couple to sign a separation contract. If your spouse agrees to participate, you may want to consider employing a certified family law officer to help you negotiate an agreement that the husband and wife would be willing to sign.
If you still disagree, you must seek relief from the justice system. In order to obtain discharge from the court, you should bring an action in the district court of the county where you or your spouse resides. 3. We can give up Alimony. It is always better to clearly define this concept in the agreement. Don`t leave it out or silence agreement on this issue. The waiver of support is such an important concept that it should be clearly articulated in the agreement to avoid any misunderstanding. Do you have any questions about separation in North Carolina? Here are some of the most common questions about the separation of the law, as well as the lawyers` answers of Raleigh`s separation to Vitale Family Law.
So, right from the start, you want to know exactly where you want to go in the negotiations, sometimes even before the separation begins. They also want to be better informed about some of the skills required to conduct successful negotiations. You can get tips for trading from a series of excellent books. A good starting point is getting to Yes: Negotiating Agreements Without Giving In by Fisher and Ury. The chapters of this book summarize some important points that you should always keep in mind: do not negotiate positions. Separate people from the problem. Focus on interest, not positions. Invent options for mutual profit. Insist on the use of objective criteria. You know what to do if the other side is more powerful, doesn`t play or uses dirty tricks. Probably yes, to some extent.
However, real estate acquired during separation and debts incurred during separation are treated differently from property and debts accumulated during a marriage.