Separation and Divorce

Separation and a later divorce can be one of the most contentious and emotional situations that and individuals may ever have to face. It may also be one of the most expensive legal situations that may ever occur. Mr. Levy recognizes the intensely personal nature of these legal issues and looks for solutions that can be time efficient and cost effective for his clients.

A separation agreement is a legal agreement between a husband and wife that addresses some or all of the legal issues relating to the end of marriage. These legal issues include the division of property, division of debts, post-separation support, alimony, child custody, and child support.

There are only two grounds for entry of absolute divorce in North Carolina:

  1. 1 year separation
  2. 3 years of incurable insanity

A separation agreement is not required before one spouse files a lawsuit for absolute divorce in North Carolina. In some limited cases, a separation agreement may not be necessary. In some other situations, there is no chance for compromise and it may be better to move forward with litigation in court to resolve marital claims.

A separation agreement must be completed and signed before the judgment of absolute divorce is entered by the court. Alternatively, the marital claims for post-separation support, alimony, and/or equitable distribution must be filed in court prior to entry of the judgment of absolute divorce. If this does not occur, claims for post-separation support, alimony, and/or equitable distribution will be barred as a matter of law.

Clients have the option to pursue less costly options which do not involve litigation in the court system, and are usually more cost effective to the client. These options include the negotiation and drafting of a separation agreement and related consent orders for child custody, child support, and distribution of retirement accounts, as needed. Clients still receive zealous and effective representation without filing a lawsuit. However, if an out-of-court resolution cannot be reached, Mr. Levy is prepared to pursue his clients' interests in court.

For a detailed evaluation of your case, please call Levy Law Offices for an initial consultation. There is a $240.00 fee for the initial consultation. Levy Law Offices represents individuals in family law cases on an hourly basis, which is currently $240.00 per hour.