A marriage separation can be difficult for both parties involved, especially if there are children. A legal separation is not the same as a legal divorce. Simply being physically separated from your spouse does not equal an absolute divorce in the state of North Carolina.
One or both parties in a marriage separation might wish to pursue a legal separation, however, to receive some of the same benefits available in an absolute divorce. These benefits can include alimony, asset division, child support, and, of course, child custody. An experienced attorney can help protect your rights during this difficult time.
In order to successfully file for a legal separation, there is a complicated legal process. The Sparrow Law Firm has insider knowledge and experience which can help expedite this process and provide the best recommendations. First, one party in a separation must file a complaint against his or her spouse. From there, aid party must establish fault which can be done in several ways determined by the state.
Fault can be established if one spouse has abandoned the family, abused drugs or alcohol, committed adultery, or done something quantifiable to lessen the families quality of life. An experienced lawyer can help with establishing fault as well as preparing a case to be presented.
Once the case has been approved and a legal separation is established in the state of North Carolina, the original party can then seek child custody and other benefits. A separation attorney can help all aspects of separation, and it’s vital you protect yourself and your children in the case of separation between spouses.
Contact the Sparrow Law Firm for a free consultation to assess your unique situation during a separation.