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To watch brief videos about divorce in Spanish with English sub-titles, go to our Videos page.
Lastly, learn more about the court process on our Preparing for Court – By Yourself page.
If there is only an agreement, a lawsuit for breach of contract is one possible remedy for breaking the promise of not bothering each other, but it may not be a very effective remedy. Please remember, however, that the courts are not necessarily bound by what you say in your agreement.This page has information about divorce in North Carolina.You will find more information about divorce, including the risks of taking your children out of state while a divorce is pending, on our general Divorce page.Womens is unrelated to the above organization and cannot vouch for the accuracy of its site. INTRODUCTION: As a service to our legal assistance clients, we have prepared this handout with frequently asked questions involving separation agreements. A separation agreement is a contract between a husband and wife when they separate from each other in which they resolve such matters as property division, debts, custody and support. Here is some very general guidance : • If the separation agreement hasn't been incorporated or made a part of a court decree, then it's binding and cannot be charged regarding your “adult promises,” except with the consent of your spouse. Some parents also agree on a modest monthly allowance for spending money for the child, or for travel to and from home, or for summer expenses. Few parents want to agree to finance a college education for a child at any college or university.
It is best to have your own attorney prepare it for you. A couple that is separating can agree on a division of property in their separation agreement, and that agreement will be binding on them. DOES MY SPOUSE HAVE TO SIGN A SEPARATION AGREEMENT? You cannot compel your spouse to sign a separation agreement or to agree to the terms that you wish to impose on him or her in the agreement. While a separation agreement is not a divorce and doesn't make you “single again,” it can make your divorce faster or easier in some states, and it may have no effect at all on the divorce process in other places. CAN OUR SEPARATION AGREEMENT SETTLE WHO WILL GET TO CLAIM THE TAX EXEMPTION FOR OUR CHILDREN? Without a written agreement, the parent who has physical custody of a child for more than half the year will get the dependency exemption. WHAT ARE THE FACTORS I SHOULD CONSIDER IN TRANSFERRING THE DEPENDENCY EXEMPTION?