Nc legal separation dating


06-Jan-2017 10:11

Post-separation support is temporary and lasts only until an alimony hearing or until the support is otherwise terminated.There are two aspects to an alimony hearing: (1) The court decides the issue of whether one spouse is the “supporting spouse” and one is the “dependant spouse.” There is no preference given by law to either men or women, and both husbands and wives may request alimony; and (2) If the spouse requesting alimony is found to be the dependant spouse and the other spouse found to be the supporting spouse, then the court determines how much alimony should be paid.To obtain a court order, the spouse seeking to enforce the agreement must file a lawsuit against the other spouse and ask the court to find that the other spouse breached the agreement and order him/her to specifically perform his/her duties under the contract. Although the law presumes that the marital property and debt should be split evenly between the spouses, the court may award a larger share of the property to one spouse under certain circumstances.Consult a lawyer if you need to enforce a separation agreement (or if you are the defendant in a lawsuit seeking to enforce a separation agreement). If the husband and wife are unable to resolve all issues with a separation agreement, then a court order may be necessary. Before a court can have jurisdiction (authority) to enter an order, one spouse must file a complaint initiating a lawsuit against the other spouse. For example, property acquired by either spouse before the marriage or by gift or inheritance during the marriage is generally considered to be separate property and exempt from division. Does the court consider adultery when it makes a decision regarding division of property? Adultery on the part of either spouse is generally not relevant to the issue of property division.Do we have to sign papers in order to be officially separated? You are legally separated as soon as you begin living separate and apart with the intention for the separation to be permanent.Although the law does not require a couple to sign paperwork when they separate, you should consider drafting a separation agreement if you decide to live apart. A separation agreement is a written contract between a husband and wife.What if my spouse does not abide by the terms of the separation agreement?

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If you decide to represent yourself, ask the Clerk of Court in your county if there is a local procedure for pro se litigants to follow.The party requesting support must actually be dependant on the other spouse for support or substantially in need of such support.



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