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What if my spouse does not abide by the terms of the separation agreement?
A separation agreement can be enforced by a court order.
If you still cannot agree, you will need to seek relief through the court system.
In order to get relief through the court, you would need to file a lawsuit in the District Court of the county where you or your spouse resides.
Does the court consider adultery when it makes a decision regarding alimony? At a hearing regarding alimony, the court shall consider marital misconduct by the parties in deciding whether to award support.
If the dependent spouse committed adultery before the date of separation and the other spouse can prove it, the dependent spouse is not entitled to alimony, even if he or she is otherwise entitled to support.
The party requesting support must actually be dependent on the other spouse for support or substantially in need of such support.To obtain a court order, the spouse seeking to enforce the agreement must file a lawsuit against the other spouse and ask the court to find that the other spouse breached the agreement and order him/her to specifically perform his/her duties under the contract.Consult a lawyer if you need to enforce a separation agreement (or if you are the defendant in a lawsuit seeking to enforce a separation agreement). Although the law presumes that the marital property and debt should be split evenly between the spouses, the court may award a larger share of the property to one spouse under certain circumstances.The only other ground for divorce in North Carolina is a spouse’s incurable insanity with a separation of three years. It is always wise to consult an attorney about a divorce, even though the divorce may appear to be simple and uncontested.Divorce cuts off the rights to alimony and equitable distribution.Never sign a contract without understanding the meaning and the legal impact of each provision.What if my spouse refuses to sign the separation agreement?(For a printable version, click here.) We are having serious marital problems. When a husband and wife face serious marital problems, they often have difficult legal questions that must be answered. The couple should first try to resolve their differences with the help of a neutral third party such as a minister or a marriage counselor. Lawyers are bound by the Rules of Professional Conduct which prohibit representing both sides in an adversarial — or potentially adversarial — situation.This brochure offers some suggestions and general rules of North Carolina law. If you are not able to resolve marital problems, CONSULT A LAWYER before you or your spouse leaves the marital home. Can we be separated and continue to live in the same house? In order to be separated, the husband and wife must reside at different residences.If you decide to represent yourself, ask the Clerk of Court in your county if there is a local procedure for pro se litigants to follow.Some counties in North Carolina have self-help centers or pro se divorce kits available for a nominal fee.