QUESTION
If my wife and I are separating, are there any laws we need to be aware of?
Asked on May 31st, 2013 on Divorce - North Carolina
More details to this question:
We are separating on good terms. We have created a schedule for our kids. We are doing this for the summer to give it a try.
4 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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As long as you both agree, it should not be a problem. Be aware that while you are separated, any new debt is community debt and any new property is community property and will have to be split 50/50.
Answered on Jun 04th, 2013 at 3:01 AM
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You will need to have your agreement in writing so that one of you does not unilaterally change it. In any event, your agreement is not enforceable by a judge unless it has been submitted for incorporation into a temporary order of the court. You should consult with a qualified family law attorney to make sure your intentions are preserved and legally protected in the event your spouse changes her mind and decides not to comply with your agreement.
Answered on Jun 04th, 2013 at 3:01 AM
If you are not filing for anything then there are no laws involved. Once you file for dissolution or legal separation then you must follow the Family Code.
Answered on Jun 04th, 2013 at 3:00 AM
Family Law Attorney serving Durham, NC
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Morelos Law Firm
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That is wonderful that things sound amicable and you even have agreed to a custody schedule. It is pretty vague to ask what laws should you be aware of without knowing more about your situation, as there could be many, so you should consult with an attorney. But generally speaking, you should enter into a separation agreement to get things in writing before anyone changes their mind. And without that, then anything verbal you have or only loosely written down by non-attorneys and not an actual formal separation agreement, can lead to disputes later. You do need to be separated for 1 full year before you can file for divorce, but everything else can be handled now. You should consult an attorney to discuss further!
Answered on Jun 03rd, 2013 at 7:37 PM