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When can property splitting begin after separating from a spouse?

If you've just recently separated from your spouse, you'll need to live apart for around a year before you can begin the divorce process. This gives you some time to begin separating your finances and assets, but remember that your attorney can help you negotiate with your spouse ahead of your divorce, too.

What good can negotiations do early in a separation?

This negotiation can result in a separation agreement. This is an agreement that essentially covers anything you and your spouse can agree on. Have you determined a settlement ahead of time, know how you want to split up visitation with your children or know who is taking what from your home? Write it all down in your agreement. Your separation agreement may have to be approved by the court.

Do I have to wait to obtain child support if I'm the main guardian?

One thing you don't have to wait on is child support and separating property. Most importantly, if you can determine the kind of child support that will work for you and your spouse, this can begin as soon as you agree to it. This makes sure your child is still getting the financial support necessary, despite the fact that the divorce is already in motion.

Your marital property needs to be divided before your divorce can be finalized, so the sooner you can make an agreement, the better. Your attorneys may be able to help you negotiate, or you may want to try mediation if you can't come to an agreement on your own.

Source: North Carolina Courts, "Frequently Asked Questions," accessed May 20, 2016

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