Yes, a separation agreement can sometimes be modified after it is signed in North Carolina, but the process depends on whether the agreement remains a private contract or has been incorporated into a court order. The type of provision you want to change also matters. Child custody and support are treated differently...
How Does Child Custody Work During the One-Year Separation Period in NC?
During North Carolina’s one-year separation period, parents can establish child custody arrangements without waiting until they are eligible for divorce. Custody may be addressed through an agreement between the parents or, when they cannot agree, through a court order.
North Carolina does not have a formal “legal separation”...
What Happens to a Business in a North Carolina Divorce?
A business does not automatically have to be sold when its owner gets divorced. Instead, North Carolina courts determine whether the business, or part of it, is marital property, assign a value to the business interest, and divide that value through equitable distribution.
If you own a business or...
How Are Retirement Accounts Divided in a North Carolina Divorce?
Retirement accounts are often among the largest assets a couple owns, and they may be subject to equitable distribution in a North Carolina divorce. Whether an account is divided depends on when the contributions were made, the type of retirement plan involved, and whether the proper legal steps are taken before the...
What Is a Postnuptial Agreement and When Should You Consider One in NC?
A postnuptial agreement is a contract that spouses sign after they are already married. In North Carolina, a valid postnuptial agreement can define property rights, address financial matters, and establish how certain assets may be treated if the marriage ends. While similar to a prenuptial agreement, the timing and legal considerations are...
What Can and Cannot Be Included in a North Carolina Prenuptial Agreement
A North Carolina prenuptial agreement can address many financial issues, including how property and debts will be handled during the marriage or in the event of divorce. However, there are limits. Courts generally will not enforce provisions that attempt to predetermine child custody or child support because those decisions must be...
What Is Marital Misconduct and How Does It Affect Alimony?
Marital misconduct in North Carolina refers to certain types of behavior by a spouse during the marriage that can directly impact alimony. In some cases, it can require a court to award or deny support, depending on who engaged in the misconduct.
What Counts as Marital Misconduct in...Date of Separation: Why It Matters for Property Division
The date of separation sets the cutoff for what counts as marital property in North Carolina. It determines which assets and debts are included in equitable distribution and can directly affect how your property is divided.
When you're going through a divorce, even a small disagreement about this...
What Happens to Child Support When a Child Turns 18?
In North Carolina, child support does not always end automatically when a child turns 18. In most cases, support continues until the child turns 18 or graduates from high school, whichever occurs later, as long as the child is making satisfactory progress toward graduation.
Understanding when support actually ends...
Annulment vs. Divorce: Which Option Is Right for You?
Annulment and divorce both end a marriage, but they do so in very different ways. An annulment treats the marriage as if it never legally existed, while a divorce formally ends a valid marriage. The right option depends on your circumstances, including how the marriage began and how long you have been...
