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North Carolina Family Law
Greensboro Separation Agreement Lawyer: draft, review and enforce in North Carolina
Create a clear Separation Agreement and Property Settlement for Greensboro and Guilford County. We draft, negotiate, notarize and, when needed, incorporate your agreement so it works with equitable distribution, alimony, custody and child support, and retirement division.
Separation agreement counsel in Guilford County
Krispen Culbertson has practiced in Guilford County District Court for 20 plus years. We prepare Separation Agreements and Property Settlements that align with equitable distribution, alimony, custody and child support, and QDRO implementation.
Fast answers
North Carolina recognizes separation agreements under G.S. 52-10 and 52-10.1. The agreement must be in writing, signed by both spouses, and acknowledged before a notary.
Child custody and child support remain subject to the court. Even if in an agreement, the court can modify later in the child’s best interests.
Equitable Distribution is under G.S. 50-20. Alimony is under G.S. 50-16.3A. Postseparation support is under G.S. 50-16.2A.
Absolute divorce usually follows one year of separation under G.S. 50-6, with six months residency for at least one spouse.
Incorporation option. An agreement can be incorporated into a judgment so it becomes a court order, or kept as a contract that is enforced by breach remedies.
What a Greensboro separation agreement lawyer does
A Separation Agreement and Property Settlement documents how spouses will handle property, debts, support, parenting time and future steps. We convert your decisions into clear clauses and exhibits that clerks, payroll, banks and plan administrators can follow. When needed we coordinate with mediation or the collaborative process to reach terms, then finalize with notarization and filing steps.
Requirements for a valid North Carolina separation agreement
- In writing, signed by both spouses, and acknowledged before a notary under G.S. 52-10 and 52-10.1
- Voluntary, with full disclosure of material financial facts
- Cannot waive a child’s right to support and cannot prevent court review of custody or support
- May address property, debts, alimony, postseparation support, taxes, insurance, and attorney’s fees
- Can be incorporated into a judgment or left unincorporated as a contract
Common topics your agreement should cover
- Property and debts including home, vehicles, bank and brokerage accounts, retirement, business interests and credit accounts
- Support including postseparation support and alimony with amount and duration and review rules
- Parenting plan legal decision making, weekly schedules, exchanges, travel, holidays and communication
- Child support guideline worksheet choice with inputs for income, overnights, health insurance and childcare
- Retirement division with QDRO or plan specific orders and any survivor elections
- Insurance and taxes who keeps which policies, dependency exemptions, filing status and credits
- Enforcement and modification how changes are handled and whether to incorporate
Drafting and negotiation
We gather budgets, pay stubs, tax returns and account statements, prepare a property spreadsheet, and outline options in plain language. If both sides agree, we set mediation or collaborative meetings to finalize terms. We draft signature-ready language, attach exhibits and provide notary instructions.
Incorporated vs non-incorporated agreements
- Incorporated. The agreement becomes part of a court order and can be enforced by contempt. This is common for custody and child support terms.
- Non-incorporated. The agreement remains a contract. Remedies include breach claims and specific performance. Some families prefer this for property and alimony.
Property division in Greensboro
We classify, value and distribute assets and debts consistent with G.S. 50-20. For homes and mortgages we set buyout timelines and offsets. For business interests we outline valuation files. For investment and bank accounts we set a date of division and gains and losses windows.
Alimony and postseparation support
North Carolina courts decide dependency and supporting status, then apply the factors in G.S. 50-16.3A for alimony amount and duration. Postseparation support under G.S. 50-16.2A can bridge the gap during the case. Your agreement should state start dates, review events and termination conditions including remarriage and qualifying cohabitation.
Child custody and child support
Orders address legal decision making and parenting time. If a move is planned, UCCJEA rules determine jurisdiction. Child support uses the North Carolina Guidelines with Worksheets A, B or C based on overnights, income and add-ons. The court can approve or modify support and custody later if the child’s best interests require a change.
Retirement and QDRO
We convert agreement terms into plan compliant QDRO or plan specific orders. This includes 401k and 403b accounts, pensions, North Carolina state plans and federal or military plans. We address coverture fractions, survivor benefits and rollover options.
Taxes and filing details
- Include who claims dependency exemptions and credits
- State which transfers are incident to divorce and which amounts may be taxable
- Coordinate QDRO rollovers to avoid unintended withholding
Steps and timeline
Intake and goals – confirm separation date and priorities
Disclosures – budgets, pay proofs, tax returns and account statements
Term sheet – draft options for property, support and parenting
Meeting or mediation – finalize terms and signatures
Notarize and file – notarize, then incorporate if chosen
Implementation – record deeds, submit QDROs and set up payments
Mistakes to avoid
- Signing without full financial disclosure or valuations
- Leaving retirement division or survivor benefits undefined
- Ambiguous parenting schedules or exchange rules
- No plan for taxes, insurance or deed and title changes
- Forgetting to decide whether to incorporate
Evidence checklist
- Pay stubs for the last three months and most recent W-2 or 1099
- Tax returns for the last two years if available
- Bank and card statements that match your monthly budget
- Deeds, mortgage or lease, vehicle titles and insurance declarations
- Retirement and brokerage statements including any stock awards
- Business financials if a company is involved
- Health or childcare records that affect work hours
- A simple parenting time calendar for the last 60 to 90 days
- Any prior orders or written agreements
FAQs – Greensboro Separation Agreements
Do we have to be separated for a year before we sign an agreement?
No. You can sign a separation agreement at any time after separation. One year is required for the absolute divorce filing under G.S. 50-6.
Does our agreement have to be notarized?
Yes. North Carolina requires that both spouses sign and acknowledge before a notary under G.S. 52-10 and 52-10.1.
If we agree on child support can the court change it later?
Yes. Child support can be modified if there is a substantial change in circumstances and the child’s best interests support a change. Custody can also be modified under the same standard.
What is the benefit of incorporating the agreement?
Incorporation turns your terms into a court order that can be enforced by contempt. If left unincorporated the agreement is enforced as a contract.
Can we divide retirement without a QDRO?
Defined contribution plans and pensions usually require a plan compliant order such as a QDRO or a plan specific order. IRAs transfer by trustee to trustee transfer incident to divorce.
Why Greensboro families choose Culbertson and Associates
- 20 plus years on Guilford County family court calendars
- Structured checklists, clear drafting and orders that work in the real world
- Settlement first with mediation and collaborative options, ready for court if needed
- Plan level coordination for QDROs and title and deed changes
- Straightforward fees and steady timelines
Visit Our Greensboro Office
Culbertson and Associates
315 Spring Garden St Ste #300, Greensboro, NC 27401
Phone:
(336) 272-4299
Hours: Mon–Fri 8:30 AM–5:00 PM
Areas we serve: Greensboro, High Point, Jamestown, Summerfield, Oak Ridge, Burlington and greater Guilford County.
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