If one of the parents later files a child support case, a judge may change child support if the amount agreed to does not meet the child’s reasonable needs or if there has been a substantial change in circumstances. However, if one of the parents later files a child custody case, a judge can order a different custody arrangement if the judge believes it is in the child’s best interest. Yes, you can include provisions about child custody and child support in a separation agreement. Separation agreements must be in writing (not verbal), must be signed by both parties, and both signatures must be notarized.Ĭan a separation agreement include decisions about child custody and child support? What are the requirements for a separation agreement to be valid? See the Finding an Attorney Help Topic for more information about finding an attorney to assist you.
Separation agreements are generally prepared and negotiated by attorneys, who can tailor the agreement to the needs of your family. Spouses who are able to resolve the issues related to their separation through a separation agreement can make those decisions themselves and avoid the need to go to court.
In some situations, spouses may request that the separation agreement become part of their final divorce order. For example, you can decide how to divide your property and whether one of you will pay alimony to the other. However, a separation agreement can resolve many of the legal issues involved in the end of a marriage.
A typical separation agreement includes the details of separation, property division, spousal support, and if there are children, child custody and support.Ī separation agreement is not required to be legally separated from your spouse. A separation agreement includes agreed-upon terms dealing with various issues related to the separation, such as which spouse is responsible for certain bills, whether one person will continue to live in the marital home, or where the children will live. In general, you are not legally separated if your relationship has ended but you still live in the same home, or if you live in separate homes without the intent to be permanently separated (for example, for work purposes).Ī separation agreement is a private contract between spouses who are separated or plan to separate very soon. To be considered separated from your spouse, you need to be living in different homes, and at least one of you needs to intend that the separation be permanent.
How can I get legally separated in North Carolina?Ī separation agreement or other written document is not required to be legally separated in North Carolina.
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