Separating from your spouse is difficult enough without having to spend a lot of money to have an attorney prepare a written agreement. However, there are very important issues that must be dealt with when a married couples separate, and it is imperative that they be handled properly. There may be property or other financial assets to be divided or distributed to one spouse or the other, there may be debts to be divided or distributed, there may be alimony to be paid, or there may be child custody and child support to be agreed upon. You don’t want problems to arise only to find out the form agreement you bought online does not conform to North Carolina law. As the old saying goes, “do it once, do it right.” So, while it may cost you just a little bit more up front, when it comes to separation, it can pay big dividends to do it right the first time.
So, what exactly is a separation agreement. A separation agreement is a contract between you and your spouse for the purpose of settling certain marital issues, such as dividing or distributing assets and debts, establishing or waiving alimony payments, and even setting a child custody schedule and establishing the payment of child support, so a separation agreement is much too important a document to trust to some boiler plate internet form. While we believe it is unnecessary to pay thousands of dollars for a separation agreement, it is also our opinion that you should not “cheap out” on a separation agreement. In other words, you get what you pay for. Caveat emptor. Buyer beware.
So what do you do if you need a custom separation agreement that complies with and is enforceable under North Carolina law but don’t want to pay thousands of dollars to have a licensed attorney prepare one? The short answer is you use Midtown’s SAPSDesk, that’s what. SAPS stands for Separation And Property Settlement. Through the SAPSDesk we collect from you the information we need to generate the agreement you and your spouse have agreed on, and we forward that agreement to you for final execution. All you have to do is fill out our detailed questionnaire, and we do the rest.
At Midtown, we understand the difficult situation you are in, and it is our goal to help you achieve your goals. We also understand that every separation is different making boiler plate forms unworkable. With Midtown’s SAPSDesk you get a legally binding, North Carolina separation agreement prepared by an attorney licensed in North Carolina. That means you get an agreement that meets North Carolina’s requirements for an enforceable separation agreement.
To read more about separation agreements and what they can and cannot do click here.
If you are ready to get to work on your separation agreement email us to request our detailed separation agreement questionnaire. Once we have all of the required information we will prepare and email to you an agreement ready to be executed by you and your spouse. All you will need to do is sign in the presence of a notary public and your all set.
While we will ask you detailed questions, and in turn will ask you to answer those questions in detail, it is typically the case that some items will require clarification in order to be sure we draft the agreement you desire. In that case we will contact you with additional questions. Follow up questions are common and part of the normal course of preparing a complete separation agreement.
That’s a custom separation agreement prepared for you by a licensed North Carolina attorney for only $500.00.
Not sure what you need? Submit the detailed questionnaire to receive a free quote.
NOTE: If you and your spouse have not yet agreed on all issues involved in your separation, and you need assistance or just need someone to answer some questions, we provide ongoing consulting support to help you. Click here to read about our consulting services. We can also assist with the implementation of any details of your agreement such as Quit Claim deed preparation. Click here to learn more about our document preparation services.
Whatever your situation, we are here to help you.
*Do you need to change or update your Last Will & Testament? We can help you with that too! Click here to learn more.
*Already been separated a year or more, we can handle your divorce filing. Click here to learn more.
Legal Tip #1: Once a valid separation agreement has been executed neither party can sue the other for Equitable Distribution, i.e. property division, or spousal support (alimony). Each of these claims can be waived and forever released by a valid agreement between the parties.
Legal Tip # 2: Even if included in a valid separation agreement, each party ALWAYS has the right to file for child custody and/or child support. Unlike Equitable Distribution and Alimony, child custody and child support cannot be waived by agreement.