Amicable separation and divorce

Is it possible it both spouses agree to just separate and in 12 months after file for a divorce? I realize that sounds very simplified, but that’s really what I am going for.

Yes, that is possible. It wouldn’t be advisable if there were assets and debt acquired during the marriage, including bank accounts, cars, houses, retirement accounts, investment accounts, credit card debt, mortgages, auto loans, etc. That is because once you are divorced, you will never be able to ask the courts for help to divide the marital property of the marriage.

Even if you and your spouse agree on the division of all the marital property and debt, it would be wise to memorialize that in a separation agreement and property settlement so that the agreement becomes binding. This is a contract between Husband and Wife and it stays completely out of court.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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