Do I need a signed document to be legally separated in North Carolina?

The short answer is no, you do not need a sign a document to be “legally separated” in North Carolina.  To be legally separated in North Carolina, the married couple merely must live separate and apart with the intention of one or both parties that it be permanent.  A Family Lawyer will not typically advise you to move out of the marital home without a plan in place.  There is a complicated and little used procedure called in North Carolina called Divorce from Bed and Board, which is a judicial determination of a legal separation.

The better answer is that people normally want to resolve their marital disputes with a signed Separation Agreement.  This document will affirm that the parties are legally separated, determine the date of separation and resolve issues regarding the parties’ finances and sometimes their children.  You do not need a Separation Agreement prior to being “legally separated,” but it is an essential piece to resolve your family conflict.

Determining the date of separation can sometimes be a grey area. For example, if you separate and your spouse moves back in for any reason, there may be a disagreement over the date of separation. Since you must be separated for more than a year to file for divorce in North Carolina, disagreement on the date of separation may adversely affect the timing of your divorce. 

Remember the divorce merely ends the legal relationship between husband and wife.  A divorce does not resolve issues such as property distribution, child custody, or financial issues.  You can work on resolving these issues during the one year separation period required to divorce or even better, prior to a separation. 

There are certain rights that you lose upon divorce so you should be fully advised about your rights under North Carolina law before proceeding on your own. Further, when you move out of the marital home, you may not be allowed to re-enter.  So, planning ahead for the best time to separate is of utmost concern.  Before you make any life-changing decisions regarding separation or new living arrangements, consult with your family law attorney.

How much will it cost to use a lawyer for my divorce case in North Carolina?

It would be great if there was an easy answer to this question, but attorney’s fees vary greatly based on the services needed and other factors. Every case is unique and has differing levels of complexity (Will there be alimony? Child Support? Are there marital assets to be divided?). For this reason, most attorneys will not quote a set or flat cost for your case.

 In general, fees are charged at the attorney’s hourly rate. In family law, you will typically make an initial payment to a trust account often called a “retainer.” All costs are billed against that retainer. The amount of the retainer will vary depending on the unique circumstances of your case. After you have had an initial consultation with one of our attorneys, they will tailor the initial deposit needed based upon the work involved in your case.

Several other factors affect how much your case will cost:

• There is no way to know in advance what steps the other side will take or how much they will fight over minor issues. This may increase your costs. 

• You can only “settle” your case when the other side agrees with you on all issues. Sometimes this may require more negotiation than in other cases.

• It may be very difficult to get legal, financial, or other necessary documents from the other side in the case, and your lawyer may have to take steps in court to obtain the documentation needed to settle or litigate your case. 

• You may have signed a document or made decisions without good advice and now find the need to try to undo your current situation. 

Our firm does handle some issues on a flat fee basis such as drafting some documents and the absolute divorce (remember, this just ends the relationship and does not normally resolve your financial or children’s issues in a favorable manner). What is important is that you get fully informed about your case by having a consultation with good family law attorney, so that you can understand the legal fees that will be necessary.

8 Reasons to Reconsider Moving Out of the Marital Home

The Hidden Costs of Moving Out of the Marital Home

Apartments are cheaper than houses, but paying for both an apartment and a house is the most expensive choice of all! Although this may be an emotionally difficult time, it is best to consult a lawyer specializing in family law before moving out of the marital home. Read more...

I'm Getting Divorced and I Want the House!

Keep the House at All Costs!

Family law attorneys are often told to “fight for the house!” Thousands of dollars may be spent on fighting for an asset that may result in a financial liability. Is this really the best course of action for you?

Emotional ties to the marital home are often strong. Parents may worry that moving children into a new home will be detrimental, especially during the emotional strain of a divorce.

However, determining if you will remain in the marital home must be a financial decision and not an emotion decision. Can you afford the rent or mortgage? Calculate the associated costs, including insurance, maintenance and upkeep, utility bills and the like. Those day-to-day costs will not change. Will you be able to afford the house when alimony and/or child support ends? What will your financial situation look like in one year? Five years?

If retaining the marital home does not make financial or practical sense, and if you will not be able to afford the ongoing cost without financial strain, it may make sense to thoughtfully examine other options. It is imperative that prior to moving out of the residence, seek legal advice.

Insurance Coverage Post Divorce

Insurance Questions after Your Divorce is Final

What insurance policies will you need to replace or change after your divorce? Are you eligible for COBRA? You may wish to separate out some policies. Remember that insurance is usually more than just health or auto – include any life, disability, and long term care insurance in your planning. How much will it cost to continue the policies on your own? These costs may influence what you need during a divorce settlement.

If you have dependent children, and are reliant on child support and alimony, you may want to ensure that your spouse maintains both life insurance and disability insurance.

Should I Remove My Ex-Spouse From My Insurance Policy?

If you are carrying health insurance on your spouse, you should not rush to cancel the policy. You may have a responsibility under COBRA to notify your spouse before canceling the policy. Also, in North Carolina, hospitals and doctors may attempt to hold you liable for medical bills incurred by your spouse. There are very limited ways to protect yourself when this happens. Do not get caught in this minefield. Speak with an attorney before canceling any insurance policy.