In the absence of proof to the contrary, however, there is a presumption that the agreement's terms concerning the children are fair, reasonable and necessary for the best interest and welfare of the children. This depends entirely on the law of the place where the agreement is to be enforced or modified – overseas or stateside. The usual ones are room and board, books, tuition and fees.
I'VE HEARD THAT I NEED A SEPARATION AGREEMENT IF I WANT TO LEAVE MY OVERSEAS QUARTERS AND RETURN TO THE STATES (ALSO KNOWN AS “ADVANCE RETURN OF DEPENDENTS”). Instead of transferring the exemption permanently without regard to the timely payment of child support, some custodial parents agree to transfer of the dependency exemption only if the other parent is current (not in arrears) on child support payments by December 31 of each year. Contempt of court is the failure to obey a court order without legal justification. A separation agreement is a contract between spouses.
Similarly, if they have a “separation agreement,” it just shows that they are currently separated and have made some agreements to help spell out rights and responsibilities during this time period.
If the couple decides to legally separate or divorce later, they may be able to incorporate their separation agreement into a judgment of legal separation or divorce.
This article provides a basic overview of adultery laws in North Carolina and how they can impact a divorce.
In North Carolina, innocent spouses have the option of pursuing a civil lawsuit against their spouse’s lover and alleging “criminal conversation” or “alienation of affection.” Through such lawsuits, injured spouses can ask a judge or jury to order that the “defendant” (third-party lover) pay compensatory damages, which are money damages based on loss of consortium (marital affection and fellowship), mental anguish, humiliation, injury to health, and/or loss of support.