Establish A Separation

You have probably heard the phrase "legally separated" before and wondered: What does it mean? Why is it important? Simply put: to be considered separated in North Carolina, you must be living physically separate and apart from your spouse, and one of you must have the intent to remain living separate from your spouse. Once you have been separated for one full year, you can file for divorce. Typically, the actual divorce part is simple. Making decisions about property, child custody, child support, and spousal support are the bigger issues. These issues can all be addressed and hopefully resolved before you are even eligible to file for your divorce. Once you and your spouse have decided to separate, many people resolve their issues by entering a separation agreement or by filing a legal action.

For some couples, separation is the first step toward an eventual divorce. For others, it is a useful pause that helps the couple reevaluate the challenges in their marriage so that they can make adjustments. Whatever your goal, the attorneys at Kenny & Lowry can help you establish your separation and resolve your other family law issues.

Get Help For The Logistics Of Separation

Switching from one home to two can be a stressful aspect of the separation period — you and your spouse must decide who will reside in your current home and who will move out, and how to handle your new financial reality and the sharing of expenses. Post-separation support, like alimony, can be used to formally declare your financial plans during the separation period.

Couples with children must also decide how to divide parenting responsibilities during this period. Where will the children live, and on what schedule? Who will take the lead in making decisions about their health, education and other issues? How will each parent contribute financially to your children's well-being?

Establish A Separation With A Lawyer's Help

When it comes to separation and divorce, the most important distinction is whether both spouses agree to the separation in the first place. The process can go smoothly when both spouses are willing participants open to compromise. In a contested separation, on the other hand, the process takes longer and usually requires the filing of a court action.

At Kenny & Lowry, we will help you set up a separation arrangement that meets your needs. Contact us online or call 704-964-6589 to schedule an initial consultation in our Gastonia office.