North Carolina Separation Agreements — Wake County Family Law Attorney

North Carolina does not require separation agreements for the husband and wife to be considered separated. Generally, however, the best way of outlining each spouse’s obligations is through a properly drafted separation agreement. Separation agreements can outline spousal support, alimony, child support, child custody, and child visitation, and can greatly reduce the expense generally associated […]

Property Settlement Agreement’s and Public Policy — Raleigh Divorce Lawyer

North Carolina courts will enforce any property agreement that is not in violation of public policy. As a general rule, any provision in a property settlement agreement that modifies the normal duties and responsibilities that arise from marriage are against public policy. For example, a provision that affects the duty of the supporting spouse to […]

Legal Separation Under North Carolina Law — Wake County Divorce Attorney

The term “separation” has a particular legal meaning when related to marriages and divorces. Marital separation occurs when a husband and wife interrupt marital relations without an actual dissolution of the marriage. Without a valid premarital agreement or separation agreement, the obligations and rights that arise from the marriage remain unchanged. Only a divorce, written separation […]

Consequences of Separation of Spouses — Raleigh Domestic Family Attorney

After separation, many family law rights should be immediately asserted or else they may be lost or waived forever. Without a separation agreement or property settlement agreement, various rights and obligations may be unclear to the husband and wife, as well as to third parties. Occasionally, even with a separation agreement or property settlement agreement, […]

The Importance of Premarital or Prenuptial Agreements — Cary Family Law Attorney

Drafting and negotiating premarital agreements (also known as prenuptial agreements) run contrary to the romantic ideal of marriage because premarital agreements contemplate dissolution. In fact, it was not until the late 1980’s that North Carolina courts began enforcing prenuptial agreements for this reason. However, having a premarital agreement is a prudent decision, both establishing and […]

Cary Post Separation Support Family Lawyer — Wake County Alimony Attorney

Post-separation support is spousal support paid by the supporting spouse to the dependent spouse until the earlier of either the date specified in the order of post-separation support or an order awarding or denying alimony. It exists to provide temporary assistance prior to a determination of alimony, which may not come for some time given […]