Legal separation dating rules

07-Feb-2015 10:06 by 3 Comments

Legal separation dating rules

A separation agreement can contain any one or all of the issues.

As already mentioned, except for the absolute divorce which must be done in this state by a judge, all of the remaining four issues can be settled in North Carolina between husband and wife privately.

In almost all cases, resolution through settlement is less costly, less prolonged and less emotionally draining than litigation.

The emotional strain of court proceedings is felt, moreover, by each spouse (regardless of who initiated the litigation) and also by the children, by other family members, and by friends and work associates who interact with the litigating spouses.

Consent orders are different from regular court orders, in that a consent order would reflect the terms that you and your spouse work out between you whereas a regular court order would reflect a judge’s rulings on all the issues that have been tried in his or her court.

You might also agree, even though no one had previously initiated litigation, to put all or part of your settlement into a consent order because of some perceived advantage of a court order over a contract in your particular case.

Added to such changes is all the uncertainty involved in allocating family financial resources that once went to one intact family unit and must now stretch to meet the needs of two households.

It is, then, little wonder that many families feel crushed by the extra emotional wear and tear of having to deal with court papers, including the burdensome discovery process of sharing written documents and answering written or oral questions, the selection and interviews of potential witnesses, and all the anxiety of formal court proceedings.The required showing to modify an existing custody or support order is one of “changed circumstances.” In general, showing changed circumstances can be a difficult burden to meet.Settlement is preferable in almost every case for any number of reasons.The divorce can be obtained after one year and one day of separation in North Carolina.Separation agreements are papers, which once signed by both parties involved, are binding as contracts.If any of these issues is not settled by private agreement, such issues could be decided by a judge publicly if either spouse initiates and proceeds with litigation.

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