Separation and dating in north carolina
This is a written agreement between you and your spouse that can contain the same terms as a Separation Agreement.The main difference between a Separation Agreement and a Consent Order is that a Consent Order is also signed by a judge, and is filed with the Court.At the Stanback Law Firm, as a general rule, we do not file Separation Agreements.They remain private contracts between you and your spouse, and are not placed in the public record.Since a Consent Order is signed by a judge, that means the terms have been adopted by the Court, andtherefore may be modified by order of the Court, unlike a Separation Agreement.Court Order— Unfortunately, sometimes parties are unable to reach an agreement.
TOP OF PAGE What happens when you have an agreement or a court order, and the other party doesn’t follow the terms?
Remember, when you litigate, you will be letting a judge make the decisions, taking all of the decision making abilities out of yours and your spouse’s hands.
Keep this in mind before you decide to take your matter to court, because once you go to court, you are likely to be there for quite a long time.
Sexual intercourse, overnight stays, and out of town trips between spouses who are separated can sometimes blur the line as to when the date of separation occurred, especially if one party believes that such contact is made in an effort to reconcile.
If a party disputes the date of separation on the basis of reconciliation, then the court considers whether there was a voluntary renewal of the marital relationship based on the totality of the circumstances.