What Not to Do During Separation in NC?
In North Carolina, separation is a key aspect of the divorce process. North Carolina has a one-year separation rule before the couple can officially file for a divorce. This means each spouse has to establish their own living situations during this time, while still being legally married. During this period, it is important for each spouse to make smart decisions, as certain actions can lead to trouble when filing for divorce. This blog will be going what you should not do during a separation in North Carolina, to help couples understand this process better.
1. Don’t Move Out Without a Separation Agreement
It is highly recommended to develop a separation agreement between you and your spouse prior to moving out on your own. One reason why, is it can complicate division of property. If you are the one who moves out, the courts may view your absence as an indication that you don’t want to maintain ownership or rights to the property. Another reason is custody arrangements if children are involved. If you leave the home without a separation agreement, it could be interpreted as abandoning the family unit, which might negatively affect your position in custody arguments. Lastly, financial responsibilities can be impacted without a separation agreement. Without an agreement, you might find yourself responsible for certain debts that your spouse may not honor once you leave.
2. Don’t Hide or Misuse Marital Assets
Under North Carolina law, all property acquired during a marriage is classified as marital property, which is subject to equitable distribution upon divorce. This is important to keep in mind during a separation because any misuse of martial assets, such as hiding or overspending, as it can be looked at as financial misconduct. Financial misconduct can lead to a loss of credibility in the eyes of the judge, which could affect decisions on property distribution
3. Avoid Making Big Life Changes
Making big life changes during a separation can cause complications in the divorce process in North Carolina. Examples of big life changes that should be avoided are major financial decisions and relocating. Making a major financial decisions like a purchasing home or taking on new debt can jepordize your position in court when looking at dividing assets. Since these debts were taken on while still being married, they can be looked at as shared property or debts. Additionally, if you relocate, you may get in the way of custody arrangements if children are involved. Courts often prefer to keep children in familiar environments to promote stability and takes this into account when deciding custody during a divorce.
4. Don’t Badmouth Your Spouse
Another thing you should avoid doing during a separation is badmouthing your spouse to your children or publicly. Talking negatively about your spouse to your children can leave children feeling confused and like they need to choose a side to be on. This can be taken negatively in court as courts often favor parents who encourage positive relationships between their children and the other parent. You should also avoid talking negatively about your spouse on social media. Social media posts can be used as evidence in court. Negative remarks shared online can be brought into the divorce proceedings, complicating your case.
Make Informed Decisions During Separation
When navigating a separation in North Carolina, it is important to act rationally and be sure every decision you make keeps your family’s best interest in mind. Making decisions like moving out without a separation agreement, misusing marital assets, making big life changes, and badmouthing your spouse can all complicate the divorce process. A divorce is already a difficult process to navigate, make it easier on yourself by making wise decisions during your separation If you’re facing a separation and need expert legal guidance in North Carolina, contact the Law Office of Stephen E. Robertson today. Our experienced attorneys are dedicated to ensuring your rights are protected and that you have the support you need during this challenging time.