I know that some states have a legal separation agreement option, which is used to maintain health insurance or immigration status without divorce. I know that NC does not have this. But what happens if you make a separation agreement in NC, but do not follow through with the divorce after one year? Does the separation agreement just stay in place, but without any legal validity?
Yes, a separation agreement remains in place because it is a contract.
A separation agreement is valid throughout the separation period and past the divorce unless it is rescinded by a party or there is specific language that says when the agreement expires (neither are common).
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Thank you! So I understand that if neither party files for divorce, the separation agreement can stay in place indefinitely? What do you mean by “unless it is rescinded by a party” ? - how would that work, once signed, either party can rescind it?
A separation agreement, in most instances, will stay in place indefinitely, even after the parties have been divorced.
One party can attempt to rescind the separation agreement. If a separation agreement is rescinded, then it is as if a separation agreement was never in place and the circumstances revert back to before the separation agreement was entered. The only way to rescind a separation agreement is to file an action in court and have a judge grant rescission. And to do so, that party must be able to prove that the separation agreement was executed under undue influence, duress, fraud, involuntarily, etc.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.