When you and your spouse separate, there are often a lot of issues that need to be addressed including custody, property and support. These issues can be resolved by agreement or by litigating them in court.
It's ideal if the parties are able to resolve these issues without battling them out in court. A court battle is only likely to lead to more heartache and to more expense and a judge's order may not leave you any happier than had you worked it out by agreement.
It's a good thing if you and your spouse can agree on the basic terms of a separation agreement; however, you still should have a lawyer. If you write your own separation agreement, the agreement may not meet the technical requirements of the law, which may render the agreement unenforceable or, if the agreement does meet the technical requirements of the law, you may wish the agreement wasn't enforceable.
Another important point is that if your spouse has a lawyer draft the agreement, you should have your own lawyer review it. Your spouse's lawyer works for your spouse and has your spouse's interests in mind. You should have your own lawyer review the agreement to determine if any changes are necessary to protect your interests.
Thanks for reading,
Eric
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Eric L. Johnson
Attorney at Law
914 Hay Street, Fayetteville, NC 28305
Tel: (910) 691-8600
Fax: (910) 222-3059
Email: elj@eljlaw.com
Web: http://www.eljlaw.com
Follow me on Twitter: http://twitter.com/AttorneyEric
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