Nc separation laws and dating
I'VE HEARD THAT I NEED A SEPARATION AGREEMENT IF I WANT TO LEAVE MY OVERSEAS QUARTERS AND RETURN TO THE STATES (ALSO KNOWN AS “ADVANCE RETURN OF DEPENDENTS”). Instead of transferring the exemption permanently without regard to the timely payment of child support, some custodial parents agree to transfer of the dependency exemption only if the other parent is current (not in arrears) on child support payments by December 31 of each year. Contempt of court is the failure to obey a court order without legal justification. A separation agreement is a contract between spouses.
• Should you condition the transfer on the other parent's regular and full payment of support?
This is why North Carolina is known as a “no-fault state.” There are only two grounds (reasons) for divorce in North Carolina: In order to get divorced under the one-year separation ground, you must have lived "separate and apart" for one year and at least one spouse must have had the intention to remain separate and apart.
You do not need to file for "legal separation" in order to begin the one-year period.
A divorce from bed and board is similar to a legal separation and it may be a way to protect your rights or to get child or spousal support until you can get an absolute divorce in court, but it doesn’t actually dissolve (end) the marriage.
This is a fault-based action, usually brought by an injured spouse to get the court to order the other spouse out of the home.
The terms you include for child support, custody and visitation can always be modified by the court in the best interest of the children. CAN THE COURT MODIFY THE TERMS WE INCLUDE IN A SEPARATION AGREEMENT CONCERNING OURSELVES? Unlike the terms concerning children, which are always modifiable by the court, the terms that pertain to adults are harder to change.
If there is only an agreement, a lawsuit for breach of contract is one possible remedy for breaking the promise of not bothering each other, but it may not be a very effective remedy. Please remember, however, that the courts are not necessarily bound by what you say in your agreement.
In the absence of proof to the contrary, however, there is a presumption that the agreement's terms concerning the children are fair, reasonable and necessary for the best interest and welfare of the children. This depends entirely on the law of the place where the agreement is to be enforced or modified – overseas or stateside. The usual ones are room and board, books, tuition and fees.It is, of course, very general in nature since no handout can answer your specific questions. • If it's been made a part of a divorce judgment or other court decree, then it may be possible to get it changed by the judge based on a substantial change of circumstances. The cost of some private colleges and universities would bankrupt the average parent.We do ask, however, that you read over these questions and answers carefully in connection with your visit to our legal assistance attorneys so that you may have the fullest information available to help you with your family law problem. • The court can overturn a separation agreement if it was signed due to fraud, coercion or lack of mental capacity. CAN WE PROVIDE FOR COLLEGE EDUCATION OF OUR CHILDREN IN A SEPARATION AGREEMENT? In most states the judges cannot order you to pay child support for your child in college. Consider putting a ceiling or "cap" on the college expenses, such as by specifying that the maximum shall be "the then-prevailing rate for in-state tuition at XYZ State University " or some other nearby public institution. Your attorney who prepares the separation agreement will explain alimony (also called spousal support or maintenance) to you.Legal Aid of North Carolina has a do-it-yourself divorce packet, which includes divorce forms that you might need, an explanation of the divorce process, and a glossary of terms you might encounter if you choose to get divorced.
You should not use this packet, however, if you wish to get spousal support or divide property between you and your spouse.Since college is less of a luxury and more of a necessity these days, it would be a good idea to consider whether you want to provide in writing for college expenses in your separation agreement. • What part of the college costs will each parent pay? It is money paid by one spouse to the other to help with food, shelter, transportation, clothing and other living expenses. If the two of you have agreed on some measure of temporary or permanent alimony, you should definitely put that in the separation agreement. In order to be deductible by the payor, it must end at the recipient's death. Sometimes clients have a provision added to the alimony terms in a separation agreement that alimony will also end if the recipient starts living with an unrelated person of the opposite sex on a regular basis as if they were husband and wife. Don't just leave it out or let the agreement be silent on this issue. • You will probably have to prove that you are the dependent spouse -- you are financially dependent on the other party or in need of support from him or her; • Likewise you'll probably have to prove that your spouse is the supporting spouse ; and • In some states, you may have to prove some sort of fault on the part of your spouse (abandonment, adultery, domestic violence, etc.) although this is becoming less and less important as a part of alimony in many states. WHAT ABOUT PENSIONS AND RETIREMENT BENEFITS - ARE THEY DIVISIBLE? Pensions and retirement rights can also be considered marital property. It is an important aspect of equitable distribution. In another case, the wife may take over certain debt payments for things she charged or purchased or for things that she is being given in the property division. I WANT TO MAKE SURE I CAN DATE AFTER WE OUR AGREEMENT IS SIGNED. Any sexual relations with a person who is not your spouse is adultery if it occurs before you are divorced.