Helping You Divide Your Property Outside Of Divorce
Here at Griffin Law, PLLC, in Statesville, we use our 17 years of experience to help married persons and families throughout Iredell County sort through the legal challenges associated with a separation. We can help you understand your rights, legal options and walk you through the process ahead. You are never alone when you work with our experienced family law attorney.
What Is A Separation Agreement?
Generally speaking, a separation agreement is a contract between both parties that sets out the distribution of property and assets shared by the couple while they were together. This is usually where separation agreements should end, however. Far too many couples try to account for all relationship matters, including child custody matters, and this causes issues with enforcement.
Child Custody And Separation Agreement Enforcement Issues
The court recognizes property division in a separation agreement because judges see spouses as two consenting adults who are entering into and have agreed to the terms of a contractual agreement. Children, however, are not treated the same way as property and assets.
The courts in North Carolina are bound by the legal presumption of the child’s best interests. If a judge doesn’t feel like the terms agreed to in a separation agreement are in the child’s best interests, they may not enforce child custody arrangements made in a separation agreement. The better option in dealing with custody where the parties agree is to do a consent order, which is signed by a judge and is, therefore, more easily enforced.
Do You Have Questions? We Can Help.
While it’s not a bad idea to consider child custody arrangements when drafting a separation agreement, it’s important to understand that it may not be enforceable. Unmarried spouses and parents should work with a lawyer who understands family law and can guide them through the process of accounting for all relationship matters in accordance with the law.
Attorney Jonathan D. Griffin has 17 years of experience handling these types of cases as well as a range of other family law matters. He understands the importance of keeping the power in the hands of his clients, which is why he keeps them informed on all their options. He is happy to defend his client’s best interests in court or at the negotiating table.
Schedule A Consultation Today
If you are headed for a separation, make sure you’re protecting your rights and best interests with help from Griffin Law, PLLC. We will make sure you understand your rights and the process ahead by providing you with straightforward legal counsel that seeks the best possible outcomes for your situation.
To schedule an initial consultation, contact our office in Statesville by calling 704-380-9128, or send us a message using our online contact form. Let us show you how much we care and how we can help when your family needs it the most.