Separation

Not all cases need to be litigated; many cases may be settled with a private contract called a Separation Agreement and Property Settlement.

Separations in Wake County

You’ve decided that you want to end your marriage. Because you live in North Carolina, you have to be separated from your spouse for one year and one day to get an absolute divorce. However, you can use that time to plan for your divorce by creating a separation agreement. This agreement will allow you to settle all the issues pertaining to the divorce without going to court.  

Your spouse will likely hire an attorney before negotiating an agreement. Thus, you can stay on even ground by hiring your own Wake County separation lawyer. Your lawyer can negotiate on your behalf and draft the contract once both sides agree.

What’s Decided in a Separation Agreement?

Your Wake County separation lawyer can help you settle all aspects of the divorce. Your separation agreement can cover:
  • Division of property, including the marital residence 
  • Debt 
  • Spousal support 
  • Child support 
  • Child custody 
Once signed, the agreement will be valid in the eyes of the law. However, you will not be forced to sign it if you don’t agree. If that’s the case, you can litigate the divorce.

Mediation During Separation

If you cannot come to an agreement with the other party, you can undergo mediation. A third-party mediator will attempt to negotiate with you and the other party. Since the mediator cannot give legal advice, it’s recommended that you bring your attorney with you. Then, your lawyer can advise you on legal matters before you make a decision.

Mediation is not legally binding, so you do not have to sign anything if you don’t wish to do so. However, if you settle the case, your attorney can create the separation agreement. Once signed, you will follow it while you’re separated and after you’re divorced.

Arbitration During Separation

You can also resolve the issues related to your separation outside of the courtroom through arbitration. An arbitrator will oversee the proceedings and make a final ruling. That ruling is legally binding, so only agree to arbitration if you’re willing to accept the arbitrator’s decision. 

Your attorney will go through discovery to collect evidence supporting your case. Also, your attorney will file any appropriate motions. Then, you’ll attend an arbitration hearing, where the attorney will present the evidence, and the arbitrator will rule. Once you obtain the ruling, you can take the next step and file for an absolute divorce if you wish.

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Why Choose McKnight Law

  • Purposeful Consultation – Discuss all your needs and ask us all your questions during your consultation to find out all the ways we can assist you. If you would like to move forward, we can begin building your case quickly.


  • Five-Star Reviews – McKnight Law has a five-star rating on Google and numerous accolades on other websites.  


  • Covers All Areas of Family Law – Our Wake County family law attorneys represent clients in separations, divorces, custody cases, alimony, child support, and more.


  • Committed to Clients – McKnight Law is dedicated to all the clients we serve. We find solutions to complex problems and work quickly to help our clients move forward with their cases.


  • Compassionate Services – We understand that family law cases are difficult for our clients. Our compassionate legal services take the stress away, so our clients can focus on family and loved ones instead of court hearings and cases.  

Purposeful Consultation – Discuss all your needs and ask us all your questions during your consultation to find out all the ways we can assist you. If you would like to move forward, we can begin building your case quickly.

Five-Star Reviews – McKnight Law has a five-star rating on Google and numerous accolades on other websites.  

Covers All Areas of Family Law – Our Wake County family law attorneys represent clients in separations, divorces, custody cases, alimony, child support, and more.  

Committed to Clients – McKnight Law is dedicated to all the clients we serve. We find solutions to complex problems and work quickly to help our clients move forward with their cases.

Compassionate Services – We understand that family law cases are difficult for our clients. Our compassionate legal services take the stress away, so our clients can focus on family and loved ones instead of court hearings and cases.  

Child Support And Custody

Your Wake County separation lawyer can help you settle matters of child support and child custody. Most often, parents receive joint physical and legal custody, meaning the children split time between homes and the parents share decision-making duties. However, if the child isn’t safe in the other parent’s home, your attorney can fight for sole custody. First, go over your case with a separation lawyer. Then, your attorney can determine the best path forward.  

Spousal Support

Are you having trouble meeting your financial obligations now that you’re separated? Your Wake County separation lawyer can help you file for temporary support to help you until you’re divorced. Then, you might qualify for permanent alimony. Talk to your attorney to discuss your options regarding spousal support.

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