In the state of North Carolina, legal separation occurs when both spouses move into separate residences with the intent of living permanently apart. At Hedahl & Radtke Family Law Center, our Fayetteville, NC divorce attorney possesses a thorough knowledge of federal and state laws regarding legal separation. It is not necessary to file a court action for divorce from bed and board, or other court action, for a couple to be deemed legally separated.
The team at Hedahl & Radtke Family Law Center can help you navigate this process.
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In the state of North Carolina, a couple must be separated for at least one year before filing for an absolute divorce. Most of what are normally thought of as divorce issues, however, can be resolved beforehand through a separation agreement. This can allow the separating couple to work out the various issues without having to go through costly and time-consuming litigation later on.
Once the separation agreement and property settlement are notarized, it may be held up as an enforceable contract in court. The issues resolved by the agreement are normally permanently resolved and are not modifiable, with a few exceptions. That is why it is important to fully understand your options before signing any agreement. Our Fayetteville, NC divorce attorney can answer your questions and provide experienced legal advice to help protect your rights.
In many cases, separation agreements and property settlements can be drafted after informal negotiations between both spouses. Sometimes it is helpful to handle these negotiations through a more formal process such as collaborative law or mediation. If you and your spouse are unable to cooperate, however, the court can step in at your request and resolve the issues. Whether your case is settled through negotiation or goes to trial, the Fayetteville, NC divorce lawyer at Hedahl & Radtke Family Law Center can help you make informed decisions.
In some cases, the court may order a separation, which is known as a divorce from bed and board. This may involve instances where one spouse is excessively using drugs or alcohol, is threatening or causing physical harm to the other spouse, or is committing adultery. A divorce from bed and board may also be ordered if one spouse maliciously turns the other spouse out-of-doors or abandons the family.
This type of court-ordered divorce is not an absolute divorce, meaning that the couple remains legally married. They must, however, live separately and apart from each other for the duration of the court order or until they are able to seek an absolute divorce. Our Fayetteville, NC divorce attorney can talk with you to understand the specific factors of your case and represent you throughout the process.
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