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Divorce Separation Agreements

If you and your spouse divorce at the end, there are several things that can happen with the separation agreement, depending on how it was written. First, the separation agreement could mean that it will be part of the subsequent divorce judgment. This is called merger. When a separation agreement provides for a divorce order, the post-divorce separation agreement is no longer considered a separate and enforceable contract and can be changed more easily. In rare cases, you can opt for a separation (also called judicial separation). The choice between separation and divorce is often a matter of personal preference. Some people have religious or personal beliefs that do not allow divorce, so a separation from a marriage may take place when they are able to lead a completely separate life. A separation perpetuates your relationship at least to some extent, so that you stay connected. If you are separated, you will continue to receive certain benefits, such as social security and pensions paid to surviving spouses.

A separation agreement must be voluntary. Neither party may be forced or obliged to sign such an agreement. It is important to understand that a separation agreement is not a court decision and that the court will not compel your spouse to respect the agreement using the court`s contempt powers. To ensure compliance, you can sue your spouse for breach of contract if he violates the separation agreement. Talk to experienced family lawyers from Haas Associates, P.A. to guide you through the legal process of developing, verifying and negotiating a separation contract or if you or your ex-spouse is currently violating a separation agreement. Normally, you execute an MSA before filing your divorce papers, normally at the time you separate. This way, you can negotiate and execute your MSA, and then file for divorce as soon as the required waiting times have passed. Technically, separation agreements are legally inapplicable. In the absence of a decision on the divorce of the bed and the board of directors, a separation rarely imposed by the courts, used in cases where a spouse makes the other spouse`s life painful and unbearable by acts of infidelity, drug abuse or other significant misconduct – there is no separation between the law in North Carolina.

If a couple separates and at least one of them intends to divorce, the only precondition for divorce is physical separation for at least one year and one day. Before or during the separation period, spousal issues can be resolved through a marital separation contract. Divorce is when a couple has been ordered to divorce. They are no longer married and are not considered the husband or wife of their ex-spouse.