Separation and Divorce

In North Carolina, you must be separated for at least one year before you can file a lawsuit for an absolute divorce in district court.

During that year, you may consider entering into a separation agreement. This is a private contract between you and your spouse.

In North Carolina, a separation agreement can address the following:

· Child custody and child support

· Spousal support (post-separation support and alimony)

· Property Division (aka “equitable distribution”)

Be sure to consult with an experienced attorney to protect your rights. Seek legal advice before signing a separation agreement your spouse or your spouse’s attorney has prepared.

Spousal Support

In North Carolina, there are two types of spousal support: post-separation support and alimony.

Post-separation support is temporary support paid by one spouse to the other. Alimony is ongoing support for a specific period and in a specific amount.

Both types of support may be addressed by agreement or ordered by the Court.

Property Division/Equitable Distribution

In general, an equal division of all marital property is considered fair and "equitable" in North Carolina. However, the Court may consider certain factors and order an unequal division.

Marital property includes both assets and debts.

This is a complex area of the law. Be sure to consult with an experienced attorney to protect your rights.

Separation, Divorce, Spousal Support,

and Property Division