Tremendously helpful, responsibly aggressive in an advisory capacity. Fortunate to have been referred to Kathleen.
Over 100 Combined Years of Experience Serving Clients Throughout the Triangle
Separation agreements are contracts regarding typical divorce issues like custody, child support, equitable distribution and alimony. Couples can generally contract to anything as long as it is not illegal. Parties cannot contract to be divorced. Only a court can enter a divorce judgment.
Separation agreements must be in writing and signed by both parties before a notary (not necessarily the same notary) to be enforceable. However, separation agreements are not court orders, and their enforcement and modification options are governed generally by contract law.
At Ellis Family Law, P.L.L.C., our family law attorneys have more than 100 combined years of experience serving clients throughout the Triangle area from our offices in Durham, Raleigh, Cary, Pittsboro and Wake Forest.
Separation agreements are signed when the parties are going to separate or have already separated, but before they receive their absolute divorce judgment.
Keep in mind that any custody agreement can always be modified by a court if the court finds the same not to be in the best interest of the minor child. But support and property division provisions are generally not modifiable by the court, though they may be modified with the consent of both parties, as long as the modification is in writing, and signed by both parties before a notary.
Because separation agreements are contracts, no one can force either you or your spouse to sign it. You maintain some control as to the end result of your disputes rather than submitting your issues to a judge.
The negotiations and resulting contract are private. You do not have to disclose the contents to anyone. When you participate in litigation, all court proceedings are open to the public.
If both parties have an understanding of how they want their issues resolved, this is an efficient process. Even agreeing on a few matters will save time in the litigation process.
Once you sign a separation agreement, it is difficult if not impossible to modify it. That is why seeking appropriate counsel and having an attorney draft the agreement is of the utmost importance. Before you sign ANYTHING, take the agreement to a lawyer to go over what the draft agreement means to you.
At Ellis Family Law we focus on the whole picture, not just the here and now. We make sure to pair each client with the best fit for them so that the process is as comfortable as possible. With multiple specialists with over 100 years combined experience throughout the Triangle, you can rest assured your case is being handled with the expertise it deserves.
No, separation agreements are private contracts that are negotiated and executed outside of court. They also do not need to be approved by a judge or filed.
The terms of a separation agreement typically cannot be changed later unless both parties agree in writing before a notary.
Tremendously helpful, responsibly aggressive in an advisory capacity. Fortunate to have been referred to Kathleen.
...Tremendously helpful, responsibly aggressive in an advisory capacity. Fortunate to have been referred to Kathleen.
Kathleen and her team are excellent. She is straightforward, professional, and gives honest advice, even when it isn’t what you want to hear. She focuses on your best interests and...
Kathleen and her team are excellent. She is straightforward, professional, and gives honest advice, even when it isn’t what you want to hear. She focuses on your best interests and helps you work through a difficult process. I appreciate her guidance and the team’s support. Highly recommend.
Dear Shannon Tucker and Ellis Family Law, I truly cannot say enough good things about Shannon and her team. Going through a custody battle involving my son was one of...
Dear Shannon Tucker and Ellis Family Law,
I truly cannot say enough good things about Shannon and her team. Going through a custody battle involving my son was one of the most stressful and emotional situations I’ve ever faced, and having Shannon in my corner gave me an incredible amount of peace of mind.
From the beginning, I trusted her completely. Even with an incredibly short notice with my request for help, Shannon handled every aspect of my case tactfully, professionally, and with genuine care. She was an incredible negotiator, always made sure I understood what was happening and when/why it was happening, and most importantly, made sure I felt comfortable with every decision along the way.
In a situation that naturally comes with so much stress and uncertainty, Shannon took a tremendous amount of that weight off my shoulders. I knew she was fighting for what mattered most to me and that I could trust her judgment every step of the way.
Calling her a lifesaver honestly feels like an understatement. I will always be grateful for what Shannon did for me and my family. If you are looking for an attorney who is professional, compassionate, trustworthy, and someone you genuinely want in your corner, I cannot recommend Shannon and Ellis Family Law highly enough.
Five stars without hesitation, thank you so much!
I had a civil matter that two attorneys from different firms had handled very poorly. I engaged the services of Kathleen Murphy at Ellis and she did an exceptional job!...
I had a civil matter that two attorneys from different firms had handled very poorly. I engaged the services of Kathleen Murphy at Ellis and she did an exceptional job! My only regret is I didn’t meet her years ago
I was able to enjoy the professional and capable hands of a superior attorney. She made an ugly situation bearable. She was able to get things for me in negotiations...
I was able to enjoy the professional and capable hands of a superior attorney. She made an ugly situation bearable. She was able to get things for me in negotiations that I’d only hoped for. I couldn’t be happier with the results of my divorce.
I cannot say enough good things about this law firm and the support I have received from Kathleen and her team. Going through a difficult and emotional family law matter...
I cannot say enough good things about this law firm and the support I have received from Kathleen and her team. Going through a difficult and emotional family law matter can be incredibly overwhelming, but having an attorney who is knowledgeable, responsive, honest, and truly listens has made such a difference.
Kathleen has taken the time to understand my situation, answer my questions, explain my options, and help me navigate decisions that I never expected to have to make. I have always felt that my concerns were taken seriously and that I had someone in my corner advocating for me while still giving me realistic and straightforward advice.
The entire office has been professional, compassionate, and helpful throughout the process. When you’re dealing with something that affects your children, your family, and your future, having confidence in the people representing you means everything.
I am extremely grateful for Kathleen and her team and would highly recommend this office to anyone looking for knowledgeable and compassionate representation in a family law matter.
We are equally skilled in litigation and in resolving disputes outside of court.
Mediation, arbitration, and collaborative approaches that resolve disputes with less stress and more cooperation.
Experienced representation in alimony matters involving lifestyle, earning capacity, and long-term stability.
For more information about legal separation, call in Durham, Raleigh, Cary, Pittsboro or Wake Forest, or complete our online contact form to schedule a meeting.
And for a fun twist: don’t miss our “Pour Decisions” section, featuring wine tips from our lawyer-wine specialist Gray Ellis!
