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Marital Separation - In Which Circumstances Can Support Be Obtained?

Marital separation contract should be signed only after the terms of the agreement are considered carefully by both parties and understood well enough. Both parties have to willingly sign the separation papers. As the agreement is signed by the parties there should not be any indication of duress or coercion.

When to Seek Support?

Other than signing in the separation contract, support can be separately sought from the family court and the probate in these circumstances:

  • When one spouse has a valid reason for living separately from the other

  • When one spouse fails to support the other without a valid reason

  • When one spouse leaves the other one

It is with the complainant that the entire process begins. Following this, financial statements have to be filed with the court of law. The same should be sent to the other spouse. To be able to make this work it has to be established in the court that you are in a married state and have a valid reason for living apart. Keep in mind that in order to make it valid, you should not be separated already while filing for marital separation.

It is the court of law which has the power to offer a child support and / or separate support or alimony. The court can also make decisions about custody and determine whether you should offer health insurance to your spouse and or to the children involved (if any).

Should You Contact a Marital Attorney?

In case you are planning to opt for North Carolina separation agreement instead of a divorce you need to get in touch with the qualified marital lawyer. Advice from an independent legal professional should be sought before the agreement is signed in order to ensure that the right thing is being done. This is because marital separation laws tend to vary from one state to the other and it can be in your best interests to find out what the laws in your state are when it comes to living in a state of marital separation and managing the various responsibilities involved in daily life.

Author Resource:-

Carl writes often about legal drafting, rental lease agreement, marital separation agreement and helps the people in such needs. Please visit this site to draft a sample North Carolina separation agreement.

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