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Get a Separation Agreement with a Little Less Stress and a Lot More Confidence
Getting a separation agreement can be stressful, but it doesn’t have to be.
Let us help lower your frustration and increase your confidence as you move forward.
Are you and your spouse separating, or have you already separated? Are you thinking you need a separation agreement, but you’re really not sure where to begin? If you’re like most people going through a separation, you’ve got lots of questions.
What exactly is a separation agreement?
What’s included in a separation agreement?
When should I get a separation agreement?
Or, maybe you know exactly what needs to be in your separation agreement, but it’s become too stressful and frustrating to try and discuss these things with your spouse. Maybe you’re not sure whether you need an attorney or not. Or maybe you’re worried hiring an attorney is going to be too expensive.
If any of this describes you, you’re in the right place.
James had excellent advice and information during my separation. He was always available and ready to assist with any of my needs. I would strongly recommend him for any further business. ~ Anonymous
What is a Separation Agreement?
A separation agreement is a legally binding contract between spouses that resolves their marital claims. Those marital claims fall into four major areas when you separate:
- dividing marital assets and debts;
- alimony;
- child custody;
- and child support.
You can resolve those issues one of two ways:
(1) by litigating, going to court, and letting a judge decide; or
(2) by negotiating and entering into a separation agreement.
Most people choose to settle their marital claims in a separation agreement. And most people enlist the help of a knowledgeable attorney to help them work out the details and put it into a legal document.
Advantages of Separation Agreements Versus Going to Court
Time. Resolving your marital claims in a separation agreement is typically much faster than going to court. Often a separation agreement can be negotiated, drafted, and signed in weeks or months, versus the months and years it takes to litigate those same issues in court.
Control. Settling your marital claims in a separation agreement allows spouses to determine the outcome rather than leaving it up to a judge who may not make the same decisions you and your spouse would.
Less Expensive (Much Less Expensive). Settling your marital claims in a separation agreement will cost significantly less than litigating those claims in court.
Less Stress. Going through a separation is stressful regardless of your unique situation, and we understand that. However, most couples who resolve their marital claims through litigation experience a significantly higher amount of stress and frustration than those that work to settle matters out of court.
Why Hire Our Firm to Handle Your Separation Agreement?
For more than sixteen years, our family law attorney has helped more than a thousand people successfully resolve their marital claims in a separation agreement, giving them peace of mind that they’ve made the best possible decisions, in light of the circumstances and desires of both parties.
James and his firm were fantastic to work with. He was prompt and courteous and answered all the questions I had in a timely manner. He was thorough and concise and made an otherwise somewhat painful process easy to deal with. I would strongly recommend him. ~ Wendy
Start with an initial consultation.
If you’re still not sure what to do next, what your options are, or whether or not you need an attorney, you can start with a one hour consultation. Just follow the process below and we’ll set up a time to talk. You’ll have a chance to explain your unique situation, ask questions, and allow our experienced attorney to help you understand the various aspects of a separation agreement and then determine next steps.
How do I get started?
Step 1: Click the “Schedule Your Consultation” button. We offer consultations via Zoom, telephone, or in person.
Step 2: Meet with our family law attorney. During the one-hour consultation, our family law attorney will explain the law as it relates to your specific situation and answer any questions you may have.
Step 3: Hire us. We offer two options, depending on your circumstances.
Option 1: If you and your spouse agree on how to resolve your marital claims and you would simply like to hire a family law attorney to draft your separation agreement, we offer a flat fee drafting option.
Option 2: If you need to retain a family law attorney to negotiate with your spouse or your spouse’s attorney, we are ready to help.
… he was clear and made sure everything was well understood…he did the job efficiently and faster than I expected…he’s excellent with communication and answered any question that crossed my mind during the process. ~ Emad
Frequently Asked Questions:
Do I need a separation agreement to be legally separated in North Carolina?
No. All that is required to be “legally separated” is that you and your spouse stop living together (separate residences), and at least one of you intend to end the marital relationship. A separation agreement, however, may be needed to resolve marital claims arising from your separation—property division, alimony, child custody, and child support.
Is a separation agreement required to get divorced in North Carolina?
No. The only thing required to get divorced in North Carolina is that you and your spouse live separately for one year, with at least one of you intending to end the marital relationship. You may, however, wish to resolve your marital claims (property division, alimony, child custody, and child support) in a separation agreement before the divorce.
Can one lawyer represent both of us?
No. Even if you and your spouse are amicable and agree on everything, in the eyes of the law, there is a conflict of interest, making it unethical for one attorney to represent both spouses. We are happy to prepare a separation agreement on behalf of one spouse. The other spouse can retain their own attorney to review the agreement and render legal advice. Of course, your spouse is not required to hire an attorney.
What constitutes a valid separation agreement?
A valid (legally enforceable) separation agreement must be in writing and acknowledged by the parties (i.e., signed before a notary public).
Can I force my spouse to sign a separation agreement?
No. A separation agreement (just like any other contract) must be signed voluntarily. The alternative to resolving your marital claims in a separation agreement is litigating them in court. The prospect of going to court will often motivate a difficult spouse to sign the separation agreement.
Why do I need an attorney to prepare my separation agreement? Can’t I just do it myself using an online form?
There are many do-it-yourself services online where you pay a small fee, answer a couple of questions, fill in some blanks, and voila, you have a separation agreement. Phrases like “you get what you pay for” and “penny-wise but a pound foolish” come to mind. A separation agreement is serious and within it, you make decisions and waive legal rights that will affect you for the rest of your life. An experienced family law attorney will advise you regarding which decisions to make and the impact making those decisions will have.
Often someone will come into our office asking how they can fix issues caused by one of these do-it-yourself separation agreements. Unfortunately, once you have signed the agreement, nothing can be done to undo the damage. That’s why we highly recommend, whether you hire our firm or another, you should have an experienced family law attorney prepare your separation agreement.
… what I liked and appreciated about [James] was his candid, no fluff straightforward approach. From the beginning, he went over my case and set realistic expectations, costs, and likely outcomes. One of the most important aspects of James is his confidence in what he counsels you on, which enabled us to move forward with making informed and strategic decisions that ended up with a positive outcome. In my opinion, you will be in good hands with James. ~ Angela
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