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While a divorce legally dissolves the marriage, a legal separation is a court order that mandates the rights and duties of the couple while they are still married but living apart.
They must have lived separate and apart for at least two years. This view is taken by the courts to give the parties time to look back on their relationship and try to reconcile without having to be concerned about prejudicing divorce proceedings.
Coercion, fraud, undue influence or lack of knowledge will void the terms of a separation agreement. A separation agreement is not proof of the parties separation. It is not required for a divorce in North Carolina, and it doesnt make a divorce in North Carolina easier or more difficult to obtain.
A Separation and Property Division Agreement (also known as a settlement agreement) is a written agreement setting out how a couples property is to be divided following their separation.
There are many factors to consider, including assets, incomes, living expenses, inflation, alimony, child support, taxes, retirement plans, investments, medical expenses and health insurance costs, and child-related expenses such as education.
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In general, it is almost impossible to overturn an agreement after its already signed. There are certain situations where an addendum can be drafted that modifies the original agreement, and those can completely take the place of the first agreement. But theres a catch the opposing party will have to agree to sign.
Kansas, like many states, has a 60-day residency requirement to file for divorce, as well as a 60-day waiting period between a divorce filing and a court hearing. Incompatibility and the failure to perform a material marital duty or obligation are the legal grounds for divorce in Kansas.
If you are divorcing on the grounds of separation you will need to have been separated for two years (if you both agree) or five years (if you dont agree) before you can start the process. If you are looking to issue a divorce petition immediately, it has to be based on complaints of behaviour or adultery.
If you dont see any financial benefit from a legal separation and are certain you want to end your marriage, it might be best to go straight to a divorce. Otherwise, youll spend time and money getting a legal separation only to have to go through the process all over again to get a divorce.
If you and your spouse resume living together as a couple after signing a separation agreement, the law permits the court to void the agreement. However, if your separation agreement includes a reconciliation provision that says it will remain in effect after reconciliation, the court will honor it.

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