In North Carolina, separation is a required step before filing for divorce. Unlike some states, North Carolina does not offer “legal separation” through the courts, but couples must live separately for one full year before they can file for an absolute divorce. 

This separation period is essential, and both spouses must live in different residences with the intent of making the separation permanent. 

Understanding how this process works and what it entails can help you move forward with clarity and confidence.

The One-Year Separation Requirement

In North Carolina, the law mandates that spouses live apart for one continuous year before either spouse can file for divorce. This separation period begins the day you start living in different homes—not just in different rooms of the same house. 

During this time, the separation must be maintained without any reconciliations, even brief ones, as any attempt at reconciliation could restart the one-year clock.

Key points about the one-year separation requirement include:

• Living separate and apart: You must reside in separate homes for one year. This physical separation is essential for meeting the legal requirement.
• Intent to remain apart: One or both spouses must intend for the separation to be permanent. This means that the separation is not temporary or a “trial” period.
• Reconciliation resets the clock: If the spouses attempt to reconcile, even briefly, it could reset the one-year separation period. This includes resuming marital relations or living together under the same roof again, which would require the separation period to start over.

Separation Agreements

While North Carolina does not require a court order to be considered separated, many couples choose to create a separation agreement during this period. A separation agreement is a legally binding document that outlines how the couple will handle key issues like finances, property division, child custody, and support during the separation. 

This agreement can help prevent conflicts and misunderstandings and protect both parties during the year-long separation.

Key components of a separation agreement include:

• Division of property and debts: The agreement outlines how marital property, assets, and debts will be divided during the separation. This can include decisions about who will stay in the family home, how bills will be paid, and how savings or investments will be managed.
• Child custody and support: If the couple has children, the separation agreement can establish a temporary custody and visitation plan, as well as any child support payments. This helps ensure that the children’s needs are met during the separation period.
• Spousal support: In some cases, one spouse may need financial support during the separation. The separation agreement can outline any alimony or spousal support payments to ensure that both parties can meet their financial obligations.

The Benefits of a Separation Agreement

Although a separation agreement is not required, having one in place can provide numerous benefits, including:

• Clarity and structure: A separation agreement clearly defines each spouse’s rights and responsibilities, helping to reduce conflict during the separation period.
• Protection for both parties: The agreement can protect both spouses by outlining how assets will be divided and ensuring that financial and parenting obligations are met.
• Preparing for divorce: If the couple eventually decides to proceed with divorce, having a separation agreement in place can streamline the process, as many of the key issues will have already been resolved.

What Happens During the Separation Period?

During the one-year separation period, both spouses must abide by the terms of any separation agreement and maintain separate households. The purpose of this time is to give the couple space to consider their next steps—whether they will reconcile or proceed with divorce. 

It is also a time to make necessary legal and financial arrangements for the future, such as dividing property or setting up custody schedules for children.

The separation period allows you to:

• Focus on your individual needs: Living apart gives both spouses time to reflect on their relationship and personal goals.
• Create a plan for the future: During this time, you can work with your attorney to create a plan for property division, financial support, and child custody, ensuring that your rights are protected.
• Prepare for the possibility of divorce: If reconciliation is not possible, the separation period helps prepare you for the next steps in filing for divorce, including resolving legal and financial issues.

At the end of the one-year separation period, if reconciliation has not occurred, either spouse can file for an absolute divorce, provided all legal requirements are met. It’s important to have an experienced attorney guide you through this process to ensure that your rights are fully protected.

How Devan & Null Can Help You During Separation

At Devan & Null, we know that separation can be an emotional and uncertain time. With over 30 years of experience in North Carolina family law, Attorney Laura Devan is here to help you navigate this process with confidence and clarity. 

Whether you’re seeking guidance on creating a separation agreement or simply need advice on how to protect your rights during this period, we’re here to provide the legal support you need, such as:

• Help understanding the legal requirements for separation in North Carolina.
• Assistance in drafting a comprehensive separation agreement that addresses key issues like property division, child custody, and financial support.
• Providing personalized legal advice to help you navigate the separation process and prepare for your future.

If you’re considering separation and want to know more about your legal rights and obligations, contact Devan & Null PLLC today at 910-486-6855 to schedule a consultation. 

Let us help you protect your interests and plan for the next steps in your journey.

In North Carolina, one of the biggest concerns during a separation or divorce is the division of marital property. Marital property includes assets and debts acquired during the marriage, and determining how these are divided can be complex. 

North Carolina follows the principle of equitable distribution, which means property is divided fairly but not necessarily equally. Understanding how this process works and what assets you may be entitled to can help you protect your financial future as you navigate this difficult time.

What Is Considered Marital Property?

Before property can be divided, it’s important to understand what is considered marital property and what is separate property. 

• Marital property refers to all assets and debts acquired by either spouse during the course of the marriage. This can include everything from the family home to bank accounts, retirement savings, and even debts like credit cards or loans.
• Separate property, on the other hand, is anything that one spouse owned before the marriage or acquired individually during the marriage through inheritance or as a gift. Separate property remains with the spouse who owns it and is not subject to division.

Examples of marital property include:

• The family home: If the home was purchased during the marriage, it is considered marital property and subject to division.
• Retirement accounts: Any retirement funds earned during the marriage, such as 401(k)s, pensions, or military retirement benefits, are considered marital property.
• Vehicles: Cars, boats, and other vehicles purchased during the marriage are included in the division of assets.
• Debts: Any debt acquired during the marriage, such as credit card debt, loans, or mortgages, is also considered marital property and will be divided between both spouses.

How Does Equitable Distribution Work?

North Carolina follows the principle of equitable distribution, meaning the court will divide marital property in a way that is fair to both parties, though not necessarily 50/50. The goal is to achieve a division that reflects each spouse’s financial contributions, needs, and circumstances.

When determining how to divide property, the court will consider several factors, including:

• The length of the marriage: In longer marriages, the division of property may be closer to equal, while in shorter marriages, the court may weigh the financial contributions of each spouse more heavily.
• The financial contributions of each spouse: This includes income, property brought into the marriage, and contributions to the home, such as raising children or supporting the household.
• The health and age of both spouses: The court will look at each spouse’s financial needs and future earning potential, especially if one spouse has health issues or is nearing retirement.
• Custody of children: If one parent is granted primary custody of the children, the court may award them a larger share of the family home or other assets to ensure stability for the children.
• Each spouse’s income and earning potential: The court will consider the financial situation of both spouses, including their current income, education, and ability to support themselves in the future.

The court’s goal is to divide the property in a way that is fair and reasonable based on the unique circumstances of the marriage. However, couples can often reach their own agreements on property division without court intervention through a separation agreement.

What Happens to the Family Home?

The family home is often one of the most valuable assets in a marriage, and deciding what happens to it can be one of the most challenging parts of property division. If both spouses want to keep the home, the court may order it to be sold, with the proceeds divided between the parties. 

Alternatively, one spouse may buy out the other’s share of the home and take sole ownership.

When deciding what happens to the family home, the court will consider:

• The best interests of any children involved: If one spouse is awarded primary custody of the children, the court may allow them to remain in the family home to provide stability for the children.
• The financial ability of each spouse to maintain the home: The court will consider whether either spouse can afford to keep the home, including mortgage payments, taxes, and maintenance.

Dividing Retirement Accounts and Other Financial Assets

Retirement accounts are often a significant part of a couple’s assets, and they are subject to division just like any other marital property. This includes 401(k)s, pensions, IRAs, and military retirement benefits. 

The court may issue a Qualified Domestic Relations Order (QDRO) to divide retirement accounts without tax penalties or early withdrawal fees.

Key points about dividing financial assets include:

• Retirement benefits earned during the marriage: Any retirement benefits accumulated during the marriage are considered marital property, even if the account is in one spouse’s name.
• Equitable division of financial assets: The court will aim to divide financial assets in a way that is fair to both parties, often resulting in each spouse receiving a portion of the retirement benefits.
• Pension and military retirement benefits: These benefits are also subject to division, with the non-military or non-pension spouse entitled to a portion of the benefits earned during the marriage.

Handling Marital Debts

Just as marital assets are divided, marital debts are also shared between the spouses. This includes mortgages, credit card debt, car loans, and any other liabilities incurred during the marriage. 

The court works to divide the responsibility for paying these debts in a way that reflects each spouse’s financial situation.

It’s important to note that creditors are not bound by the court’s decisions regarding debt division. This means that if your name is on a joint debt, you may still be responsible for paying it even if your spouse is ordered to cover the cost. 

Ensuring that debts are properly accounted for in a separation agreement can help avoid future financial disputes.

How Devan & Null Can Help You Protect Your Assets

At Devan & Null, we understand that property division is one of the most stressful aspects of separation and divorce. With over 30 years of experience in North Carolina family law, we are here to guide you through the process, ensuring that your financial rights are protected and that you receive a fair share of the marital assets.

We work steadfastly to:

• Help you understand what property is considered marital and what is separate.
• Assist in drafting a separation agreement that outlines how property and debts will be divided.
• Provide legal support in negotiating a fair division of assets, including the family home, retirement accounts, and other financial assets.
• Advocate for your interests during court proceedings, if necessary.

If you’re considering separation or divorce and want to know more about how your property will be divided, contact Devan & Null PLLC today at 910-486-6855 to schedule a consultation. 

Let us help you protect your financial future and navigate the process with confidence.

During separation in North Carolina, one of the most important issues to resolve is child custody and visitation. 

While the divorce process can take time, it’s essential to establish temporary custody and visitation arrangements during the separation period to ensure that your children’s needs are met and both parents can remain actively involved in their lives. 

In North Carolina, custody decisions are always made based on what is in the best interests of the child, and understanding your rights during this time is crucial to maintaining a strong relationship with your children.

Understanding Custody Types in North Carolina

North Carolina law recognizes two types of custody: legal custody and physical custody. 

• Legal custody refers to the right to make important decisions about the child’s upbringing, such as education, healthcare, and religious practices. 
• Physical custody refers to where the child will live and which parent will be responsible for the child’s day-to-day care.

Legal and physical custody can be either of the following:

• Sole custody: One parent has both legal and physical custody, making all decisions and providing the primary home for the child.
• Joint custody: Both parents share legal custody, and in many cases, physical custody as well, meaning they both have input on major decisions and share time with the child.

During the separation period, parents will need to decide on temporary custody arrangements, which may later become permanent once the divorce is finalized. It’s important to work with an attorney to ensure that your rights are protected and that the custody arrangement serves the best interests of your child.

Your Rights as a Parent During Separation

During separation, both parents have the right to seek custody of their children, and the court encourages parents to work together to create a custody plan that allows both to be actively involved. 

However, if you and your spouse cannot agree on custody, the court may intervene and create a temporary custody order that will remain in place until a final decision is made during the divorce process.

Key points to know about your rights during separation include:

• Equal rights to custody: Both parents start with equal rights to custody. The court does not automatically favor one parent over the other based on gender or financial status.
• Right to visitation: If one parent is awarded primary physical custody during separation, the other parent still has the right to visitation unless there are concerns about the child’s safety or well-being. Visitation schedules should be fair and allow the non-custodial parent to maintain a strong relationship with the child.
• Right to legal custody: Even if one parent has physical custody, both parents may share legal custody, allowing both to make important decisions about the child’s education, healthcare, and other critical aspects of their life.

Creating a Temporary Custody Agreement

During the separation period, it’s common for parents to create a temporary custody agreement that outlines where the child will live and how much time they will spend with each parent. 

This agreement provides structure and stability for the child, ensuring that they maintain strong relationships with both parents while the divorce is being processed.

A temporary custody agreement should address the following:

• Physical custody arrangements: Decide where the child will live during the separation period. One parent may have primary physical custody, or parents may share physical custody, depending on the needs of the child and the parents’ schedules.
• Visitation schedules: Outline a regular visitation schedule for the non-custodial parent, including weekends, holidays, and school vacations. The goal is to create a predictable routine that allows the child to spend quality time with both parents.
• Decision-making authority: Specify how decisions regarding the child’s education, healthcare, and other important matters will be made. In many cases, parents share legal custody and make decisions together, but the agreement should outline the process for resolving disputes.

How Custody Decisions Are Made

If you and your spouse cannot agree on a custody arrangement during separation, the court may issue a temporary custody order. In North Carolina, the court always prioritizes the best interests of the child when making custody decisions. 

This means that the court will consider factors such as the child’s needs, the parents’ ability to provide a stable home, and the child’s relationship with each parent.

Factors that influence custody decisions include:

• The child’s relationship with each parent: The court will look at which parent has been the primary caregiver and the emotional bond between the child and each parent.
• The stability of each home environment: The court will consider which parent can provide a more stable and nurturing environment for the child, taking into account factors like the parent’s work schedule, housing situation, and ability to meet the child’s needs.
• The child’s preferences: In some cases, if the child is old enough and mature enough to express a preference, the court may take their wishes into consideration when making custody decisions.
• The health and safety of the child: If there are concerns about a parent’s ability to provide a safe environment—due to issues such as substance abuse, domestic violence, or mental health problems—the court may restrict custody or visitation for that parent.

Modifying Temporary Custody Arrangements

Custody arrangements made during separation are not permanent and can be modified if circumstances change. For example, if one parent’s work schedule changes or the child’s needs evolve, the custody agreement can be revisited and adjusted. It’s important to keep the lines of communication open with your spouse and work with your attorney to make necessary modifications that continue to serve the child’s best interests.

In some cases, parents may reach an agreement that works well during separation, and this temporary arrangement can later become the basis for a permanent custody order once the divorce is finalized. However, if disputes arise, the court may need to intervene and issue a final custody order.

How Devan & Null Can Help You With Custody During Separation

At Devan & Null, we understand that your relationship with your children is your top priority, and we’re here to help you protect your parental rights during separation. With over 30 years of experience in North Carolina family law, Attorney Laura Devan will guide you through the process of creating a custody agreement that serves the best interests of your child while ensuring that you remain an active and involved parent.

We work tirelessly to:

• Help you negotiate a temporary custody agreement that reflects your family’s needs and maintains strong relationships with both parents.
• Advocate for your parental rights in court, ensuring that your voice is heard in custody decisions.
• Assist in modifying temporary custody arrangements if circumstances change, ensuring that the child’s best interests are always the top priority.

If you’re facing separation and need guidance on child custody and visitation, contact Devan & Null PLLC today at 910-486-6855 to schedule a consultation. We’re here to help you navigate the custody process with confidence and protect your relationship with your children.

Spousal support, commonly known as alimony, is a key issue for many couples going through separation or divorce in North Carolina. Alimony is designed to provide financial assistance to a spouse who is economically dependent on the other, helping them maintain a similar standard of living after the marriage ends. 

Whether you are seeking alimony or may be required to pay it, understanding how spousal support is determined in North Carolina can help you plan for the future and ensure a fair outcome.

Types of Spousal Support in North Carolina

There are two types of spousal support in North Carolina: post-separation support and alimony. Both types serve to support the financially dependent spouse, but they differ in duration and purpose.

• Post-separation support: This is temporary financial support paid to the dependent spouse during the separation period, before the divorce is finalized. Post-separation support is intended to help the dependent spouse meet their financial needs while awaiting the final divorce decree and a permanent alimony arrangement.
• Alimony: This is the long-term financial support that may be awarded after the divorce is finalized. Alimony can be paid in a lump sum, over a specific period of time, or indefinitely, depending on the circumstances.

Key Factors in Determining Spousal Support

In North Carolina, the court considers a variety of factors when determining whether one spouse is entitled to receive spousal support and how much support should be paid. 

The goal is to create a fair arrangement that ensures the dependent spouse can maintain a reasonable standard of living while taking into account the paying spouse’s ability to meet their own financial obligations.

Key factors that influence spousal support include:

• Financial needs and resources of each spouse: The court will examine the income, assets, and financial obligations of both spouses to determine the dependent spouse’s need for support and the paying spouse’s ability to provide it. This includes any income from employment, investments, or retirement accounts, as well as expenses like housing, utilities, and debt payments.
• Duration of the marriage: In longer marriages, alimony is more likely to be awarded, especially if one spouse has been financially dependent on the other for many years. In shorter marriages, the court may award alimony for a limited time to allow the dependent spouse to regain financial independence.
• Standard of living during the marriage: The court will consider the lifestyle the couple maintained during the marriage, including their home, spending habits, and other factors that contributed to their standard of living. Alimony is intended to help the dependent spouse maintain a similar standard of living after the divorce.
• Age and health of both spouses: If one spouse is older or in poor health, the court may be more likely to award alimony, especially if they are unable to work or generate income due to health issues.
• Contributions to the marriage: The court will consider each spouse’s contributions to the marriage, including financial contributions and non-financial contributions, such as raising children, managing the household, or supporting the other spouse’s career. A spouse who sacrificed their own career to support the family or the other spouse’s career may be more likely to receive alimony.
• Earning potential and education: The court will look at the education level, job skills, and earning potential of each spouse. If the dependent spouse lacks the education or job skills needed to earn a sufficient income, the court may award alimony to help them transition to financial independence, possibly while they pursue further education or training.
• Fault in the breakdown of the marriage: In North Carolina, fault can play a role in determining alimony. If one spouse committed marital misconduct, such as infidelity or abandonment, this may affect the court’s decision on spousal support. In cases where the dependent spouse engaged in misconduct, they may be barred from receiving alimony.

Calculating Post-Separation Support

Post-separation support is typically calculated based on the dependent spouse’s immediate financial needs and the paying spouse’s ability to provide support. 

The court will assess the dependent spouse’s income, living expenses, and any other financial resources, such as savings or investments, to determine how much support is needed to cover their basic living expenses during the separation period.

The paying spouse’s financial situation will also be considered, including their income, expenses, and ability to meet their own financial obligations while paying support. 

Post-separation support is generally awarded for a temporary period and is intended to maintain the status quo until a final alimony arrangement is established during the divorce.

Determining Alimony

Alimony, on the other hand, is a longer-term financial arrangement that may be awarded once the divorce is finalized. The court will look at a broader range of factors when determining alimony, including the dependent spouse’s ability to become financially independent in the future. 

In some cases, alimony may be awarded for a specific period of time to allow the dependent spouse to gain education or job skills. In other cases, the court may award indefinite alimony if the dependent spouse is unlikely to become self-sufficient due to age, health, or other factors.

There are three primary ways that alimony can be structured:

• Lump sum: The paying spouse makes a one-time payment to the dependent spouse, eliminating the need for ongoing support payments.
• Fixed-term alimony: The paying spouse provides support for a specific period of time, often to allow the dependent spouse to pursue education or job training. Once the term ends, no further alimony is required.
• Indefinite alimony: In some cases, the court may award alimony with no fixed end date, particularly in long-term marriages where the dependent spouse is unlikely to become financially independent.

Modifying Alimony

Alimony arrangements are not always permanent and can be modified if circumstances change. 

For example, if the dependent spouse’s financial situation improves significantly or if the paying spouse experiences a substantial decrease in income, either party can request a modification of the alimony arrangement. 

Additionally, if the dependent spouse remarries or cohabitates with another partner, the alimony payments may be terminated.

How Devan & Null Can Help You With Spousal Support

At Devan & Null, we understand that spousal support can be one of the most contentious and emotional aspects of a divorce. Whether you are seeking alimony or may be required to pay it, we’re here to guide you through the process and ensure that your rights are protected.

We work tirelessly to:

• Help you understand your eligibility for post-separation support and alimony, and how these payments are calculated.
• Advocate for a fair alimony arrangement based on your financial situation, needs, and contributions to the marriage.
• Assist you in negotiating alimony terms during separation and divorce proceedings.
• Provide guidance on modifying or terminating alimony if your financial circumstances change in the future.

If you’re facing separation or divorce and have questions about spousal support, contact Devan & Null PLLC today at 910-486-6855 to schedule a consultation. we help you navigate the process and ensure that you receive or pay a fair and reasonable amount of support during and after your divorce.

Yes, a separation agreement can be modified if circumstances change, but it depends on the type of agreement and the specific issues involved. 

In North Carolina, separation agreements are legally binding contracts that address key issues like property division, spousal support, child custody, and visitation during the separation period. 

While these agreements are designed to provide structure and clarity, life changes—such as a shift in financial circumstances, relocation, or changes in your child’s needs—can make it necessary to revisit and modify the terms.

Modifying a Separation Agreement is often possible, but it can involve legal steps that require court approval, especially when it comes to matters like child custody and support. Understanding how and when changes can be made can help you adapt to new situations while protecting your rights and your family’s well-being.

When Can a Separation Agreement Be Modified?

A separation agreement can be modified if both spouses agree to the changes or if a significant change in circumstances occurs. 

For example, if one spouse experiences a substantial increase or decrease in income, or if the needs of the children change, the terms of the agreement may no longer be appropriate or fair. 

In such cases, modifying the agreement can ensure that the terms continue to meet the needs of both spouses and their children.

Common reasons for modifying a separation agreement include:

• Change in financial circumstances: If one spouse loses their job, receives a promotion, or experiences a major financial setback, the terms of spousal support or child support may need to be adjusted. For example, if the spouse paying alimony is no longer able to meet their obligations due to a loss of income, they may request a modification of the support terms. Alternatively, if the receiving spouse’s financial situation improves, the paying spouse may seek to reduce or eliminate the support payments.
• Changes in child custody or visitation: As children grow older, their needs and schedules can change. A custody arrangement that worked well for a young child may no longer be practical for a teenager involved in extracurricular activities or with a busier school schedule. Additionally, if one parent relocates, custody and visitation arrangements may need to be modified to ensure the child maintains a meaningful relationship with both parents.
• Relocation of one parent: If one parent moves to a new city or state, the existing custody and visitation arrangement may need to be revised to account for the distance. This could involve changing the visitation schedule to include extended summer or holiday visits, or incorporating virtual visitation through video calls or messaging.
• Changes in child’s needs: If a child develops special needs or requires additional support, the financial terms related to child support or medical expenses may need to be adjusted to account for the additional costs. In such cases, the court may approve modifications that ensure the child’s needs are met.

Modifying Child Custody and Support

Child custody and support arrangements are often the most likely parts of a separation agreement to be modified, as the needs of children and parents can change over time. 

In North Carolina, child custody arrangements can be modified if there has been a substantial change in circumstances that affects the child’s well-being. This could include a parent’s relocation, a significant change in one parent’s ability to care for the child, or the child’s own preferences as they grow older.

When requesting a modification of child custody or support, the court will always prioritize the best interests of the child. This means that the court will consider factors like the child’s stability, education, health, and emotional well-being when deciding whether to approve changes to the custody arrangement.

Key considerations for modifying child custody or support include:

• The child’s best interests: The court will always make decisions based on what is best for the child, taking into account their need for stability and a strong relationship with both parents.
• Significant changes in circumstances: The parent requesting the modification must show that a substantial change in circumstances has occurred since the original custody or support agreement was made. This could include changes in the parent’s income, relocation, or changes in the child’s needs or preferences.
• Maintaining stability for the child: The court will consider how the proposed modification will impact the child’s daily life, including their schooling, social activities, and relationship with both parents.

If both parents agree to modify the custody or support arrangement, they can submit a new agreement to the court for approval. If the parents cannot agree, the court may need to hold a hearing to decide whether the modification is warranted based on the evidence presented.

Modifying Spousal Support

Spousal support, or alimony, is another aspect of a separation agreement that can be modified if circumstances change. 

In North Carolina, spousal support can be modified if there has been a significant change in the financial circumstances of either spouse. This could include a job loss, promotion, remarriage, or a change in health that affects either spouse’s ability to work.

Key factors in modifying spousal support include:

Change in income: If the spouse paying alimony experiences a substantial decrease in income—such as losing a job or facing a major financial setback—they may request a modification to reduce or suspend the alimony payments. Conversely, if the receiving spouse’s income increases significantly, the paying spouse may seek to reduce the amount of support.

Remarriage or cohabitation: In North Carolina, if the receiving spouse remarries or begins cohabiting with a new partner, alimony payments may be terminated. The paying spouse can request a modification to stop alimony if they can show that the receiving spouse’s new relationship has improved their financial situation.

Changes in health or ability to work: If either spouse experiences a change in their health or ability to work, this may impact their financial needs or ability to pay spousal support. In such cases, the court may modify the terms of alimony to reflect the new circumstances.

Modifying Property Division

Unlike spousal support or custody arrangements, property division is generally not subject to modification once it has been finalized. 

Once property has been divided between the spouses and a separation agreement has been signed, the division is considered final, and it cannot be changed without the consent of both parties. 

However, if both spouses agree to change the terms of property division, they can submit a revised agreement to the court.

How to Request a Modification

If you believe that your separation agreement needs to be modified due to a significant change in circumstances, it’s important to work with an experienced attorney who can guide you through the process. 

In most cases, modifications will need to be approved by the court, especially if they involve child custody, child support, or spousal support.

To request a modification, you will need to:

• Show a substantial change in circumstances: The court requires evidence that a significant change has occurred since the original agreement was made. This could include financial documents, medical records, or other evidence that supports your request for a modification.
• File a motion with the court: If both parties agree to the modification, they can submit a new agreement for the court’s approval. If they do not agree, the requesting party will need to file a motion with the court to request a hearing, where the judge will decide whether to approve the modification.

How Devan & Null Can Help You Modify Your Separation Agreement

At Devan & Null, we understand that life can change, and your separation agreement may need to change with it. With over 30 years of experience in North Carolina family law, we are here to help you navigate the modification process and ensure that your rights and your family’s best interests are protected.

We work tirelessly to:

• Help you determine whether a modification is necessary based on changes in your financial circumstances, custody arrangements, or other factors.
• Guide you through the process of requesting a modification, whether you are seeking to adjust spousal support, child custody, or other aspects of the agreement.
• Advocate for your interests in court, ensuring that any modifications reflect your needs and the best interests of your children.

If you’re facing changes in your life and need to modify your separation agreement, contact Devan & Null PLLC today at 910-486-6855 to schedule a consultation. Let us help you protect your rights and adapt your agreement to fit your new circumstances.