What Should I Do During the Separation Period in North Carolina?

The separation period in North Carolina is a source of considerable frustration for many divorcing spouses. It might seem unthinkable to wait an entire year before continuing with your divorce, and you might wonder why the state government would put your life on pause in such a manner. While these criticisms are valid, spouses should understand that their separation period need not be completely unproductive. You can accomplish many things during these 12 months, and a strategic approach with a North Carolina divorce lawyer could streamline your divorce to the greatest extent possible.

Your separation period represents an ideal time to begin informal discussions with your ex. During these discussions, you can begin to hash out the details of your upcoming divorce. You might want to speak about subjects like child custody, child support, alimony, and property division. Test the waters, and determine whether you and your ex agree on how some of these issues should be handled. Does your ex want sole physical custody, or are they willing to share custody with you? How do you both want to handle the family home and other important assets?

If it seems like you are both on the same page, further negotiations may be relatively amicable and easy. If serious disputes begin to arise, further negotiations may be more challenging. The extent of your disagreements may even make negotiations impossible, forcing you to go through litigation instead.

If you are confident about negotiating further during your separation period, you can start formal processes like collaborative law or mediation. Speak with your lawyer to learn more about how these processes work. It is possible to create a divorce agreement before your separation period is over, allowing you to streamline the entire divorce process. If this agreement details how you would like to handle your divorce, a family law judge can approve it during a straightforward hearing.

As its name implies, the separation period requires both spouses to remain separated over the mandatory 12 months. This means that one spouse will need to move out of the family home. Once you move out, it is important to remain separated for the entire 12 months. Any attempts at reconciliation could reset the 12-month timer, causing unnecessary delays in your divorce.

Do not move too far away. Parents who live too far apart often encounter challenges when it comes to child custody, as family courts strive to protect children from excessive travel each month. If you need to move out, choose a new residence somewhat close to the family home. Moving to a different county or state could make it difficult to see your children, and it might lead to poor custody outcomes.

You should also take the time to plan out your financial future during your separation period. The road ahead may seem unclear, and you might face a different financial reality. If you were reliant on your ex’s income during the marriage, you might need to think about how you are going to support yourself. While child support and alimony can certainly help, it might be a good idea to re-enter the job market. Your one-year separation period could be an ideal time to apply for jobs, regain certifications, and so on.

Many spouses decide to downsize after divorce, and this is a smart choice from a financial perspective. Due to the financial pressures of divorce, you might benefit from a smaller residence with a lower monthly mortgage payment. You might also want to downsize to a less expensive vehicle with lower monthly payments.

Last but not least, you should remain close to your children during these 12 months. A loving relationship can help when it comes to fighting for child custody. You can also strive for more positive child custody outcomes by encouraging a continued relationship between your ex and the children. Trying to interfere with this relationship can cause negative outcomes for your own custody battle.

Finally, one of the best things you can do during your one-year separation period is to book a consultation with a lawyer. During your first consultation, you can discuss every aspect of your upcoming divorce alongside a legal professional. Your divorce lawyer in North Carolina can provide targeted advice, guiding you through various steps during the next 12 months. These steps might include negotiations with your ex, financial preparations, and much more. In addition, it might take you a few months to choose a suitable lawyer – and it is best to get started with this process as soon as possible. Book your first consultation with Arnold & Smith, PLLC.