Understand the Difference Between a Separation Agreement and a Consent Order
- Understand the Difference Between a Separation Agreement and a Consent Order
- What’s the Difference Between a Separation Agreement and a Consent Order
- How Do I Know Which Option Is Right for Me?
- Need Help During Your Separation or Divorce? Talk to a Lawyer First
- Myers Law Firm: Supporting People Through Separation and Divorce for Over 40 Years
Understand the Difference Between a Separation Agreement and a Consent Order
If your marriage is deteriorating, becoming legally separated might be the best option for you and your spouse.
We understand this can be a trying and confusing time for both you, your spouse, your children, and anyone else involved. If you’re struggling to figure out the best way to move forward with a separation, you might not realize that North Carolina law provides options other than immediately taking your case to court.
In this blog, we’ll review two options for legal separation that separating couples can use as alternatives to a court battle: separation agreements and consent orders. We will also discuss how an experienced divorce attorney can make the separation or divorce process easier to navigate.
What’s the Difference Between a Separation Agreement and a Consent Order?
If you’re looking for ways to resolve the issues involved with ending your marital relationship, a separation agreement or consent order could provide the structure you need with fewer obstacles and court fees. Here are the differences between them:
Separation Agreement
A separation agreement is a private contract between spouses that outlines how you each want to settle the issues related to your separation and the end of the marriage.
You can enter into a separation agreement any time after you and your spouse separate. The terms of the agreement remain in full force and effect even after divorce, which you cannot get until you have been separated for one year under North Carolina law. This contract can deal with all issues related to a separation, including distribution of financial assets, child custody, and child support. It ends all aspects of the marital relationship except that you cannot get remarried until you are divorced.
Because a separation agreement is a contract, it is not part of the public record. One spouse can sue the other for violating the terms of the agreement.
Signing a separation agreement is a serious decision, so it’s always a good idea to consult an experienced North Carolina divorce attorney before making the commitment. An attorney can make sure the stipulations of the agreement are in proper order and will benefit you in the ways you expect.
Consent Order
A consent order is similar to a separation agreement in that it can resolve all issues related to the dissolution of the marriage and is done by an agreement between the parties. However, once both parties sign a consent order, it is then presented to a judge and becomes a legally binding court order that is enforceable by contempt.
To get a consent order, one party must file a lawsuit against the other, which can be done in a “friendly” way without a lot of negative allegations against the other party. And because all consent orders are part of lawsuits, each is considered part of the public record.
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SCHEDULE YOUR CONSULTATIONIs a Separation Agreement or Consent Order Right for Me?
Being able to get a consent order or separation agreement in place is often a better option for all parties involved in a legal separation than going directly before a judge in court. This is because it means you and your spouse have resolved the issues related to your separation, and it is usually quicker and less expensive.
Working out a separation agreement or consent order can keep you from going through an emotional, expensive process that can take a tremendous amount of time, court fees, and effort by having to go to court and have a judge make the decision for you.
Depending on the circumstances of your relationship as well as factors including marital property and child custody, a separation agreement may be preferable for some situations and a consent order more preferrable for others.
It is always best to discuss the full scope of family and significant assets involved with a divorce attorney before moving forward with any separation decisions. That said, it is generally best to put marital property division and alimony arrangements in a separation agreement, and custody and child support agreements in a consent order.
RELATED: What Do My North Carolina Child Support Payments Cover?
Need Help During Your Separation or Divorce? Talk to a Lawyer First
If you’re struggling to go through with a separation, a consent order or separation agreement could be the solution you need.
One of the best ways to protect your interests, understand all your options, and help the process go as smoothly as possible is to work with an experienced divorce attorney. An attorney can help you take the necessary steps to implement a separation agreement or consent order that doesn’t too strongly favor one party over another.
At Myers Law Firm, we have more than 60 years of combined experience standing with people going through separations and divorces in North Carolina. We know how challenging and stressful it can be to identify the best solution for you and your family. That is why we make sure you understand all the options available to you so you can make the best choice possible.
Need Support Through Separation and Divorce Proceedings? Contact Myers Law Firm
If you need a separation, divorce, or ways to resolve a separation disagreement, please don’t hesitate to reach out to us and see how we can assist you. We’ve helped countless clients like you get the tools and resources they need to pursue a brighter future, even when the present is difficult.
If you need help with the divorce process or separation in Charlotte or anywhere in Mecklenburg County, schedule your initial consultation by filling out our quick online contact form or calling our Charlotte office toll-free at 1-888-376-ATTY (2889).
We are ready to walk with you every step of the way, providing the guidance and counsel you need to face the challenges of a family law case with confidence.
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.
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