Separation Agreements

While only a court can actually grant the divorce of you and your spouse, there are many other issues regarding the dissolution of a marriage.  A court has the ability to settle issues such as custody, child support, alimony, and property distribution.  However, there are advantages in reaching a mutual agreement as to these matters outside of court.  A separation agreement is a written contract between the parties which details how any issues relating to the marriage will be resolved.  The agreement acknowledges that you and your spouse are no longer going to live as husband and wife.  A separation agreement is only effective if you and your spouse come to an agreement on the issues related to your marriage, but a separation agreement can be an easier way to resolve such issues than going through the judicial process.  An attorney can assist in the drafting and negotiation of a separation agreement, and the advantage of having an attorney involved is that there is someone handling the negotiation process that is not emotionally involved and has knowledge regarding how such issues may be decided by a judge.  If issues such as custody, child support, alimony, and property distribution cannot be settled through a negotiated separation agreement, there is still the option of litigation.

Mediation

Our firm offers mediation services through partner attorneys Dana B. Lehnhardt and Donna B. Stepp. Ms. Lehnhardt and Ms. Stepp are both certified family financial mediators. The purpose of mediation is to aid you and the opposing party in reaching a fair resolution to an issue whether it is equitable distribution, alimony, custody, child support, etc. The mediator’s role is to serve as an unbiased party who is there to aid you in communicating and reaching a settlement that satisfies both parties. In North Carolina, mediation is mandatory for child custody and equitable distribution claims. However, you and the opposing party can elect to mediate as an alternative to litigation in other types of cases as well. Mediation is usually less expensive than litigation and allows each party to have more input into the decision-making process and ultimate resolution than if a judge were making the decision.