Dating separation nc

You are advised to hire an attorney to handle your settlement negotiations if: PLAN AHEAD: Before meeting with an attorney to discuss an eventual separation from your spouse, think about what your priorities and objectives.For example, do you want primary custody of your children and ownership of the marital home and its furnishings to provide some continuity for your children?

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Having a separation agreement alone does not create a legal separation.

In North Carolina, you cannot live in the same residence and be legally separated.

This is true where the couple is like-minded and their relationship remains open, amicable and even-handed.

In most cases, however, married couples on the verge of legal separation will need their individual attorneys to handle their settlement negotiations.

But having a dating partner who stay overnight in the presence of your children be grounds for denial of your custody or visitation.

Dating after separation and before divorce may also have a serious negative impact on the settlement negotiations between you and your spouse.

You should understand that an attorney is bound by the legal profession's code of ethics to represent and advocate for the best interests of a single party.

The wife's attorney, for example, cannot serve as the legal counsel for the husband since it is presumed that each spouse's interests are different and conflicting.

If you and your spouse are unable to settle, then the issues pertinent to your case - child custody and support, spousal support in the form of post-separation support and alimony, divorce from bed and board (discussed below), property division and absolute divorce - will be settled through court action.

Our Cary divorce lawyers at Montgomery Family Law have over 35 years' experience in family law and have tried hundreds of cases on all issues involved in family law, including legal separation in North Carolina.

Elements of a Separation Agreement A separation agreement can contain any terms the parties agree to, as long as they are not against public policy.

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