It is important to look at your legal representation for your divorce as an investment to protect yourself, your children and your finances in the future.Please register to participate in our discussions with 2 million other members - it's free and quick!The separation period is supposed to allow the parties to "work it out", not have permission to see others.If you're thinking of dating someone who is separated, be very sure there is a fully executed agreement in place, or you could be named as an adulterer.Our courts consider the "totality of the circumstances" to determine if the parties have reconciled.If a reconciliation does occur, a new separation and one year waiting period is required before the parties may obtain a divorce.A SAPS goes beyond a Separation Contract by outlining how marital property will be divided, if alimony will be paid and how much, how child custody and visitation will be arranged, how much child support will be paid, and other issues relating to the divorce.Isolated incidents of sexual intercourse during a separation does not mean the spouses have reconciled such that a new one-year waiting period is required for a divorce.
There is really no way to determine how much a divorce is going to cost.A legal separation stipulates that indeed, the two people will be just that - totally separated.If they are NOT totally separated (continue to see one another, one spouse "moves back" or the couple has sex) the separation is invalid. I would not worry about it unless you have reason to believe the person will reconcile w/ his/her spouse b/f the one year separation is over.Many married couples enter into a Separation Contract, a Separation Agreement and Property Settlement (SAPS), or obtain a Court Order that details rights and obligations regarding child support, child custody, spousal support, division of property, and debt.While a written agreement isn't required to establish a legal separation in North Carolina, it may be necessary to allow one spouse to purchase real property before the divorce is finalized (called a "free trader clause"), to document the date of separation and to waive claims a spouse may have against a third party (called a "third party waiver") for alienation of affection and/or criminal conversation.Consult with an attorney to discuss your rights and to make sure you understand the separation papers before signing them, as they become a binding contract once signed by both husband and wife.North Carolina men’s divorce attorneys provide answers to frequently asked questions about divorce laws and the divorce process in North Carolina.A divorce can be granted in NC on the basis of one year's separation alone. People drag each other into court here mostly in regard to custody issues, and it is in an attempt to prove someone is an "unfit parent" that adultery charges usually get leveled.The court would require witnesses to ascertain that the two people involved have not been involved during the year. Otherwise, one can simply be apart from one's spouse for a year and get a divorce, based on that separation alone. Evidently, our lawmakers here decided that having "isolated sexual relations" w/ your separated spouse while living apart does not affect the one year date, if I read that last sentence correctly. DIVORCE AFTER SEPARATION OF ONE YEAR ON APPLICATION OF EITHER PARTY 50-6.It is always important to note that attorneys do not have control over the court docket scheduling.The cost of your divorce is determined on a case by case basis.