Do I Need a Separation Agreement?


The Case for a Separation Agreement

A separation agreement is a very useful and popular tool to resolve all outstanding divorce-related issues. In the state of North Carolina, the vast majority of all divorce cases settle, meaning the parties have resolved their issues outside of court, and the terms of that settlement can be memorialized in a separation agreement.

If a couple is unable to agree on a particular issue regarding their separation and divorce, their recourse is to file a lawsuit and request that a judge resolve the unresolved issue. However, there are many reasons why it is more desirable to resolve your issues outside of court, if possible. For one, legal fees greatly increase when parties litigate their issues in court; trial preparation is very expensive and often includes extensive discovery, depositions, and mediation just to name a few. Trying a case in court is also very time consuming, navigating the court calendar and scheduling a case for court can be challenging. Court calendars tend to stay over-booked, often resulting in months-long delays before a particular case can be reached.

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