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Separation Agreement Attorney in Greensboro

Kirkman Attorneys at Law

If you are considering separation or if you are already separated, it is important you consult with a Top-Rated Greensboro divorce lawyer and family law attorney as soon as possible to protect your best interests. Our law firm, Kirkman Attorneys at Law, has been a leader in North Carolina family law for many years. We have helped thousands of men and women facing separation from their spouse.

North Carolina law does not require divorcing couples to have a separation agreement. In North Carolina, a couple becomes separated when the parties have come to live separate and apart (i.e. different physical addresses) with no intent to resume the marital relationship. Generally, the couple must have lived separate and apart for one year prior to the Court entering a divorce decree. Having a separation agreement does not make it easier or more difficult to obtain a divorce decree.

However, a separation agreement is a great tool to resolve many of the issues that arise when parties are seeking a divorce. Additionally, having a separation agreement can save the parties a significant amount of money by resolving much of the issues parties spend litigating. A couple can use a separation agreement to resolve all of their outstanding issues, including child custody and support, marital property division, and spousal support or alimony. A separation agreement can also resolve some of the parties’ issues while leaving other issues pending.

Drafting a Separation Agreement

The attorneys at Kirkman Attorneys at Law have extensive training and experience drafting separation agreements. Separation agreements are legally binding documents and should not be entered without consulting an experienced North Carolina divorce lawyer.

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Enforcement of a Separation Agreement

A separation agreement is a contract between the parties. If your spouse has not complied with the separation agreement, you can institute an action to enforce the agreement. Without clear and unambiguous provisions, your remedy is limited to suing upon the agreement and obtaining a judgment against your spouse. The skilled Greensboro family law attorneys at Kirkman Attorneys at Law can help you draft a separation agreement that would provide you with stronger remedies and allows a court to order your spouse to follow the agreement should your spouse not follow the agreement in the future. Visit our Enforcement page to further understand how to enforce a separation agreement.

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Modifying the terms of a Separation Agreement

Generally, courts cannot modify the terms of a separation agreement. However, there is an exception for terms dealing with children. A court is able to modify the provisions dealing with custody, visitation, and child support. The law and courts presume that the terms concerning children are fair, reasonable and necessary for the best interests and welfare of the children. If you need to modify your separation agreement, contact the Greensboro family lawyers at Kirkman Attorneys at Law today, by calling (336) 274-7898 or contact us online.

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Tax Considerations

Nearly every component of a separation agreement carries tax consequences, including custody, child support, spousal support or alimony, and property divisions. The parties can allocate the tax consequences among the parties in a separation agreement. The Greensboro divorce lawyers at Kirkman Attorneys at Law have extensive experience in navigating tax matters and can help you minimize your tax liabilities.

Contact our law firm online or call us at 336-274-7898 to meet with a trusted Greensboro lawyer.



Kirkman Attorneys at Law  100 South Elm Street, Suite 410, Greensboro, NC 27401  (336) 274-7898
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